OLSON, OTTO
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
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APPLICANT: EST ATE OF OTTO OLSON,)
MICHAEL OLSON, EXECUTOR )
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APPLICATION FOR A PRELIMINARY
PLAT APPROVAL AND APPEAL OF
SEPA MITIGATED DETERMINATION
SUB09800
FINDINGS OF FACT
CONCLUSIONS OF LAW,
SEPA APPEAL DECISION
AND PRELIMINARY PLAT
RECOMMENDATION
FINDINGS OF FACT
1. The Estate of Otto Olson owns a 4.5 acre parcel on the south side of Lofgren Road,
between Hemlock Street and Fir Street in the City of Bainbridge Island. This parcel is legally
described as:
Lot 46 of Rolling Bay City, recorded in Volume 3, Page I I of Plats, Records of
Kitsap County and situate in Government Lot 2, Section 23, Township 25 N,
Range 2 E, Willamette Meridian, City of Bainbridge Island, Kitsap County,
Washington. Tax Account # 4 I 69 000 046 0005
2. Mr. Michael Olson is the executor of the Estate of Otto Olson. Mr. Olson has filed an
application for Preliminary Plat approval to divide the 4.5 acre parcel into six single-family
residential lots. The parcel has been developed with a single-family residence which has driveway
access to Fir Street. The applicant proposes six rectangular lots, three of which abut Fir Street
and three of which abut Hemlock Street. A ravine and a seasonal stream run generally south to
north in the center of the property. This stream has been classified as a Class IV stream. The
ravine originates south of the site. The ravine deepens northward and broadens slightly,
descending approximately 40-50 feet in elevation from the south property line to the north
property line. At the north end of the site, the constructed embankment for NE Lofgren Road
spans the ravine, reaching a height of approximately 20-feet at the ravine access. The ravine slope
varies in height and angle. At the south end of the site where the ravine turns northeast, slope
angles are more moderate and generally range from 20-30 degrees with a maximum slope height
of approximately 35-feet. The more northerly portions of the ravine have slope angles of
approximately 45 degrees and slope heights increase to approximately 40-feet. Slopes flanking
the ravine at the north end reach approximately 50-feet in height with slope angles of 40-degrees
or less. The ravine is moderate to densely vegetated with established Douglas Firs, deciduous
trees and an understory that increase in density from south to north along the ravine. Surface
water flows north along the stream channel in the base of the ravine and is channeled off site via a
culvert through the roadway embankment at the north end of the ravine. A spring is located in
the central portion of the ravine. This spring currently provides a water supply for the residence
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on the property. [See Report of Myers Biodynamics, Inc, - EXHIBIT 9,]
3. The subject property has been given a zoning designation ofR-2. Properties to the south,
east and west of this parcel have also been zoned R-2. Properties to the north have been zoned
R-1. This parcel has been given a Comprehensive Plan designation ofOSR-2. Properties to the
south, east and west have also been given the Comprehensive Plan designation OSR-2. Property
to the north has the Comprehensive Plan designation OSR-I. Properties adjoining this parcel on
the north, south, east and west have been developed for single-family residential uses. The
development of this parcel for single-family residential use is consistent with the Goals and
Policies of the Bainbridge Island Comprehensive Plan.
4. Residents of this subdivision will be provided police protection by the Bainbridge Island
Police Department. Children residing in any homes in this subdivision may attend Bainbridge
Island public schools. Meigs Park and the Bainbridge Island Park and Recreation District
swimming pool facilities are located within I-mile of this subdivision. Residents of this
subdivision will also have access to public school playground areas located within I-mile of the
property. Adequate space is available on the lots to develop individual play areas for residents.
5. Lots proposed for this subdivision range in size from 25,180 square feet to 36,438 square
feet. Each lot has sufficient building area to accommodate a single-family residence and septic
drainfields outside of critical area buffers and well protection areas. The applicant has proposed
providing waste water disposal through individual on-site septic systems.
6. Access to the subdivision lots will be from Fir Street and Hemlock Street NE. Lots 1, 2
and 3 will access off Hemlock Street and Lots 4,5 and 6 will access off Fir Street NE. Fir Street
NE has been developed as a gravel roadway. The south end of Fir Street was vacated by the City.
Fir Street no longer provides access to Y aquina Avenue on the south. Hemlock Street is a public
right-of-way which extends from Lofgren Road to Yaquina Avenue. Hemlock Street, south of
the Olson parcel, has been developed as a gravel access road for five residences. The Hemlock
Street right-of-way bordering the Olson property is undeveloped. The Fire Department has
recommended that Hemlock Street be developed from NE Lofgren Road to Yaquina Avenue to
provide emergency access for all residents along Hemlock Street and to establish a connectivity
route between Lofgren and Yaquina for emergency access. The City Engineer has required
development of Hemlock Street from Lofgren Road to the south property line of the Olson parcel
for access to the proposed Olson subdivision.
7. A SEPA MONS was issued by the City on April 16, 2003. A timely appeal was filed by
the applicant on May 14, 2003. The applicant has appealed Condition 7 of the SEPA MONS:
In order to provide adequate access to the subdivision, the applicant is required
to improve and develop Hemlock Street NE to City of Bainbridge Island,
minimally adequate standards, Improvements shall begin at NE Lofgren Road
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and continue to the south property line, All improvements shall be approved by
the Department of Public Works,
The applicant proposed access to Lots I, 2 and 3 over the developed section of Hemlock
Street south of the Olson parcel. The applicant offered to improve the existing roadway to meet
the City's "Minimally Adequate" Road Design Standards [EXHIBIT 6]. Under the applicant's
plan, the north portion of Hemlock Street would remain undeveloped. Mr. Tom Herriott, of
Browne Engineering, Inc., was retained by the applicant to design an access roadway for the
subdivision. Mr. Herriott estimated the cost for improvements to the Hemlock Street right-of-
way to connect Lofgren Road to Yaquina Avenue with a "minimally adequate" road with a 15
percent slope is approximately $165,000. Mr. Herriott estimated the cost to improve Hemlock
Street from Yaquina to the Olson's south property line, as proposed on Exhibit 6, would be
approximately $40,000.
8. Ms. Melva Hill, Department of Public Works (DPW), testified that the City is requiring
Hemlock Street to be improved to a l2-foot wide paved surface with intermittent turnouts to
provide adequate access for emergency services. The development of Hemlock from Lofgren to
Yaquina would provide connectivity for shorter response time for emergency vehicles. Mr. Ross
Hathaway, Assistant City Engineer, testified that good engineering practice requires connectivity
be considered when reviewing city right-of-way development. Mr. Hathaway stated, that in his
opinion, the Hemlock Street improvements are necessary for the Olson subdivision to have
adequate safe access and good fire protection. The existing roadway developed on the south end
of the Hemlock right-of-way is not adequate for emergency services.
9. The applicant also objected to the City's proposed Condition 18. BIMC 17.04.094
requires that a Preliminary Subdivision make appropriate provisions for the public health, safety
and general and public use and interest including provision for roads streets and other transit
facilities. The Preliminary Subdivision must meet road and stormwater management
requirements, The subdivision roads must provide adequate access for fire and emergency
vehicles. BIMC 17.04.080 requires all subdivisions to meet road and access performance
standards set forth in l7.04.080(J) which reads as follows:
J. Roads and Access Performance Standards,
I, Roads and access shall be consistent with the following performance
standards:
a, Connections to existing off-site roads which abut the subject property
shall be required where practicable, except through critical areas and/or their buffers,
b, Pedestrian access onto the site shall be maximized in all proposed
projects, This may be accommodated through the provision of on-site walkways, trails,
paths or sidewalks which originate at the property boundary,
c. Internal pedestrian circulation shall be facilitated through
appropriately scaled walkways, paths, trails or sidewalks, Special emphasis shall be
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placed on providing pedestrian access to proposed recreational and/or open space areas,
d All roadways (and building site~) shall required storm water
management provisions,
e, Where practical, existing roadway character shall be maintained, This
may be accomplished through the reduction of roadway width (provided it is consistent
with the code), the minimization of curb cuts, and the preservation of roadside
vegetation.
f "City of Bainbridge Island Engineering, Design and Development
Standards Manual" and Appendix A of this title,
2. Variation from Road Requirements, A variation from the road requirements
and standards contained within the "City of Bainbridge Island Engineering, Design and
Development Standards Manual" and Appendix A of this title shall be permitted if such a
reduction meets the purposes of this chapter, and is approved by the city or the director,
after recommendation by the city engineer and the fire marshal, (Ord.98-20 Sec, I3,
I998; Ord 96-06B Sec.J, I996)
The City Engineer has not recommended a variation from the road requirements and
standards contained within the City of Bainbridge Island Engineering, Design and Development
Standards Manual. The Assistant City Engineer reviewed this proposal and decided that City
engineering practices require development of Hemlock Street as a through street to provide
connectivity between Yaquina and Lofgren. Hemlock Street would then be available for
emergency access as a through street to provide shorter response time for emergency access
vehicles and promote public safety. Access to the western three lots of the Olson subdivision
must use Hemlock Street, a public right-of-way, for access to either Lofgren Road or Yaquina
Avenue. Connecting the two streets will provide an exit route for residents of the street when a
portion of the street is blocked. Hemlock Street as currently developed does not include a
turnaround for emergency access and is not developed to the standards for "Minimally Adequate"
roadways. The topography in the area may require paving to meet Fire Department standards for
road access. The public will receive substantial benefits from improvement of Hemlock Street to
a through street connecting Lofgren and Yaquina. The public use and interest would be served by
the improvements to Hemlock Street. The applicant, however, has shown that adequate access to
the subdivision can be provided by improvements to Hemlock Street from Yaquina Avenue to the
south portion of the Olson plat [EXHIBIT 6). The Fire Marshall reviewed this proposal on
March 26,2002 and approved the plan as submitted [EXHIBIT 20). The DPW also determined
that this alternative access would be adequate, but then after further review and discussion
decided to require the applicant to develop the north portion of the Hemlock Street to establish a
through street from Lofgren to Yaquina Avenue. The Assistant City Engineer did not identifY any
specific impacts from this subdivision proposal which require a through street at this location.
The subdivision will add an estimated 29 ADT to Hemlock Street. The applicant will provide an
emergency vehicle turnaround designed to meet Fire Department standards. Hemlock Street will
be improved to "Minimally Adequate" Road Standards as required by the City Engineer. This
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subdivision is located within one mile ofthe Fire Department's main station on Madison Avenue
North. The residences will be identified by address signage to assist emergency access.
Stormwater management improvements will be included in the new road design. The current
roadway character of a winding graveled road will be maintained. After the improvements
proposed by the applicant, Hemlock Street will provide adequate access for all residents along the
roadway. The proposed improvements to Hemlock Street, south of the Olson plat, would not
require improvements that affect critical areas or their buffers. The Flexible Lot Standards for
roads and access in BIMC 17.04.080 require that connections to existing off-site roads which
abut the subject property shall be required where practicable, except through critical areas and
their buffers. The topographical information contained on the Preliminary Plat [EXHIBIT 35]
shows a significant rise in elevation from north to south, along the unopened Hemlock Street
right-of-way. Significant cuts would be required to maintain the maximum 15% grade on a
newly improved through street from Lofgren Road [EXHIBIT 29]. Mr. Herriott testified that the
cut to maintain the road grade required by the City would be at least 9-feet below the existing
ground at the centerline [EXHIBIT 28).
10. The City Engineer determined that no street segments servicing this proposed plat are near
Level of Service (LOS) failure. This subdivision will add approximately 48 average daily trips to
Lofgren Road, a collector street, if Hemlock is developed to Lofgren Road. Lofgren Road is
currently operating at a LOS A. The 48 estimated average daily trips generated by this proposed
project would not push the LOS below the current allowed minimum LOS ofC prescribed in the
Comprehensive Plan -- Transportation Element [EXHIBIT 45]. No further traffic analysis was
required by the City Engineer. The requirement for a Certificate of Concurrency was waived by
the City Engineer [EXHIBIT 38 and 45]. The City has asked for a 5-foot right-of-way dedication
along the parcel's Lofgren Road frontage. The Department of Public Works required this
dedication to mitigate for impacts from traffic generated by this subdivision [EXHIBIT 50 and
CONDITION I8). Lofgren Road has been designated as a collector street on the Comprehensive
Plan - Functional Road Classification Map. Lofgren Road requires 50-feet of right-of-way for
development as a collector street. Lofgren Road now has dedicated right-of-way measuring 40-
feet in width. The City Engineer did not require improvements to Fir Street.
II. This subdivision will be provided fire protection by the Bainbridge Island Fire Department.
Earl Davis, the Fire Marshall, testified in support of the City's requirement that Hemlock Street
be developed as a through street. Mr. Davis reviewed the proposal for the subdivision and
determined the Fire Department response time would be improved if Hemlock Street were
developed as required by the City [EXHIBIT 39 and hearing testimony). Mr. Davis also
determined that no fire flow is available in the area of this proposed plat. The site plan must
indicate the method of compliance with fire flow requirements. Ifbuilding separation is used to
meet the requirements, then combustible roofs may not be built on any houses constructed on the
lots, and a minimum distance between dwellings should be established at not less than 25-feet
[EXHIBIT 39). Mr. Davis had previously reviewed the applicant's proposal to improve only the
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south end of Hemlock Street [EXHIBIT 6]. Mr. Davis also approved that access proposal
[EXHIBIT 20).
12. The applicant has set aside 40% of the parcel in designated open space. These open space
areas will be included on the individual lots and will be subject to an Open Space Management
agreement. A 25-foot vegetated open space area will be maintained along the north side of Lots 1
and 4 where those lots adjoin Lofgren Road. An Open Space Management Plan has been filed by
the applicant [EXHIBIT I 2]. This Plan should be amended to include provisions for maintenance
and responsibility for the open space areas located on individual lots and to make provision for
fencing along the steep slope buffer perimeter to protect the buffer area from damage or
encroachment. The geotechnical engineer made specific recommendations for site drainage and
open space restrictions to protect slope stability in the ravine area. Those recommendations are
outlined in Exhibit 9 and should be included in the Open Space Management Plan as restrictions
on the use of protected open space area on each lot. A Homeowners' Association must be
formed to monitor activities in the protected open space areas to ensure compliance with BIMC
16.20.
13. The applicant is proposing a Group B water system to provide potable water for homes in
this subdivision. The proposed well site will be located outside the 25-foot steep slope buffer.
The proposed well site is near the property line for Lots 2 and 3. The applicant has proposed a
lO-foot utility easement along the south property line for a waterline to provide water to Lots 4, 5
and 6 on the east side of the property. This water line would cross over the ravine, the Class IV
stream bed and the steep slope buffer on the east side of the property, then turn north across Lots
6 and 5, to connect the eastern lots to the water system. A separate utility easement would cross
Lots 3 and 2 to connect Lots I, 2 and 3 to the well site.
14. Mr. Tom Bonsell, was the planner assigned to review this Preliminary Plat application.
Mr. Bonsell testified that the stream on this parcel feeds into a Category I wetland, located on
property to the north across Lofgren Road. Mr. Steve Morse, the City's Natural Resources
Specialist, examined the site and determined that the stream on the property is a Class IV stream
as regulated under the BIMC. Mr. Bonsell testified that placement of a waterline across the
stream and stream buffer areas is not allowed as a permitted use in the stream or stream buffer
under BIMC l6.20.090(F) and (G). Mr. Bonsell testified that in his opinion waterline installation
could be accomplished without significant environmental impacts, however, waterline
maintenance and the possibility of future breakage could cause significant damage to the stream
channel and negatively effect water quality in the stream. Concerns about erosion and sediment
transport downstream and offsite were also discussed in the Geotechnical Engineer's Report
[EXHIBIT 9, Pages 5 and 6].
15. The applicant did not file an application for a Reasonable Use Exception (RUE) to allow
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alterations to required buffer areas or the streambed. The Wetlands Advisory Committee has not
reviewed the waterline easement proposal. There is no evidence in the record which proves the
applicant would be deprived of reasonable use of his property if he is not allowed to place his
proposed waterline across this regulated stream bed and stream buffer area. The City has
authorized an alternative route for the waterline using the public right-of-way on Lofgren Road.
This route would allow development of a water system to service all six lots in this subdivision.
The Lofgren Road route could be built outside critical areas and their buffers. The Director has
accepted a reduced steep slope buffer of25-feet, as recommended by the geotechnical engineer.
The waterline utilities easement approved by the City would require a utility crossing of the 25-
foot open space set aside on Lot 4 and the 25-foot open space set aside on Lot 1.
SEPA Condition NO.6 provides an alternative route for the waterline which will avoid
probable environmental impacts to critical areas identified on the property and does not require a
RUE prior to its construction. There is inadequate information in the record to support the City's
suggestion, in Condition 6, that a second well could be drilled on the property. The applicant has
asserted that a second well site on the eastern portion of the property is unavailable under the
present plat configuration. This assertion was not disputed by the City.
16. Myers Biodynamics, Inc., the geotechnical engineers, made recommendations for well
location and utility easements for the water lines [EXHIBIT 9]. The Geotechnical Engineer
recommended that the proposed shared well be located at least 10-feet from the ravine slope crest
to provide a suitable long term factor of safety for the well and to reduce potential slope impacts
associated with well installation. She recommended that the proposed utility easement be routed
to maintain a minimum setback distance of 10-feet from the crest of the ravine slope where it
parallels the ravine. In addition, she recommended that the utility easement cross the ravine in an
area of modest ravine slope height and angle which, according to observations, is in the extreme
southern portion of the site. The Geotechnical Engineer recommended that trenching for the
proposed well and utility easement be backfilled as soon as possible after utility installation, and
that disturbed or denuded site soils be protected from erosion during the construction process.
After trench backfilling, the disturbed soils should be immediately protected from erosion by
mulching and seeding, or hydro-seeding the area. Erosion control measures should be
incorporated at the base of the ravine at the utility trench crossing, to reduce erosion and the
potential for sediment transport downstream and off the site. The Geotechnical Engineer
anticipates that conventional erosion control techniques such as hay bales, silt fencing and/or
quarry spall berms or blankets will provide adequate erosion control for the site and the ravine. If
constructed according to these recommendations, the Geotechnical Engineer concluded that the
utility easement alignment will reduce slope, soils and vegetation disturbance and will not
adversely impact the ravine's slope stability.
17. Mr. Tom Herriott also testified about water line installation on the property. Mr. Herriott
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recommended that the water line be placed along the south property line rather than within the
Lofgren Road right-of-way. Mr. Herriott estimated that the cost to the applicant to place the
water line across the south property line would be approximately $12,000. Mr. Herriott estimated
the cost of the route required by the City in Condition 6 to be $37,000 to $50,000. Mr. Herriott
testified that his cost estimates assumed that the water line would be placed in the steep slope on
the roadside and not in the paved portion of the roadway. The DPW has given permission for this
private water line to be placed in the public right-of-way [EXHIBIT 27].
18. This proposal for subdivision development has been reviewed by the Bremerton-Kitsap
County Health District (Health District). The Health District has not approved this preliminary
plat application [EXHIBIT 27]. A Notice oflncomplete Application was sent to the applicant on
September 5, 2002. Building site applications for on-site sewage disposal for Lots I, 2, 4 and 6
are required by the Health District. In addition, a backhoe soil log is required for Lot 3. Miller
Bay Water Company has provided a soil log analysis for the proposed development [EXHIBIT
IO]. Mr. Tom Bonsell, Planner, Department of Planning and Community Development (DPCD),
stated that the City has not required the applicant to provide BSA's for all lots in the subdivision
at this stage of the proceeding because of the disagreement over the water system design required
for the subdivision. The City has recommended that Health District approval for individual septic
systems on the lots be submitted prior to submission of this Preliminary Plat to the City Council
for decision [Condition 26].
Water will be provided by a private Group B well system. The well system has not been
built. The applicant has not provided Health District approval of the well site. The well system
must be built before the Health District will consider preliminary plat approval. All lot owners in
this subdivision will have responsibility for the maintenance of the water system. A well and
water line maintenance agreement will be required to ensure that the water system provides
potable water which meets Health District standards. A plan for maintenance and repair which
includes assessment provisions for ongoing maintenance should be submitted to the DPCD for
approval.
19. The geotechnical engineer recommended that a Coordinated Site Drainage Plan be
provided for all lots in this subdivision prior to site development. The geotechnical engineer
recommended that all future site drainage discharges such as roof downspouts, foundation
drainage, driveway drainage, and other site drainage features drain into a stormwater
infiltration/discharge system away from the ravine slope crest and outside the recommended 25-
foot steep slope buffer area. Maintenance of on-site drainage systems is recommended on an
annual basis, prior to the wet weather season. The recommendations of the Geotechnical
Engineer [EXHIBIT 9] should be incorporated into a site drainage plan submitted to the DPW
prior to issuance of a Plat Utilities Permit. The drainage plan must include provisions for the
regular monitoring and maintenance of drainage systems on the properties.
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20. Condition 20 in the Staff Report is in conflict with the Site Plan submitted March 27,
2003.
21. The public use and interest will not be served by the approval of this preliminary
application before the applicant has filed documentation showing Health District approval of the
water and sanitary waste systems proposed for the subdivision.
22. On July 31, 2003, a Public Hearing was held before the Hearing Examiner to consider the
application. The Hearing Examiner visited the site on July 31, 2003, Notice of the public hearing
was published in the Bainbridge Review on July 12, 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 July 12, 2003; notice was posted
at the subject property on July 15, 2003 [EXHIBIT 53].
CONCLUSIONS OF LAW
I. This matter is properly before the Hearing Examiner pursuant to jurisdiction established in
BIMC 16.04.170 and BIMC 17.04. Adequate legal notice was given prior to the public hearing
which was held on July 31, 2003. The applicant submitted a request to the Hearing Examiner to
take official notice of a prior Examiner Decision issued by Mr. Richard Shattuck on October 3,
2003. Decision SPT09200 1 concerned a separate parcel ofland and was based on a finding that
the City's Short Plat decision was not supported by substantial evidence in the record. Mr.
Shattuck's Decision provides no legal precedent for the matters being considered by the Hearing
Examiner in this SEP A appeal and Preliminary Plat review. The request is denied. The applicant
filed a timely appeal of the SEP A MONS.
2. The applicant appealed SEP A MONS Condition NO.6:
In order to supply water from the proposed well site to the three lots on the
opposite side of the ravine the water transport line will not be permitted to cross
the ravine and Class IV stream either above or below the surface. The water
transport line must be placed in the right of way for NE Lofgren Road or a
second well must be drilled
The applicant asserts that SEP A MONS Condition 6 is clearly erroneous as drafted, since
in the applicant's opinion, Condition 6 prohibits filing a Critical Areas application or an
application for a Reasonable Use Exception (RUE) to allow placement of the proposed waterline
under a regulated stream and its associated buffer. The applicant has not filed an application for
an RUE to allow placement of the waterline across a regulated stream or its buffer. The Director
ofDPCD did not conclude that negative impacts to critical areas on this property are necessary
and unavoidable, as required by BIMC 16.20.100. The Director has not found, nor has the
applicant asserted that a RUE is required for this project to grant relieffrom the provisions of
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BIMC 16.20. The applicant did not provide evidence that compliance with the provisions of
BIMC 16.20 would leave no reasonable use of his property. BIMC 16.20.090 does not include
the installation of utilities within a regulated stream bed and its associated buffers as a permitted
use. An RUE is required for the alterations to the stream and buffer areas proposed by the
applicant. The City informed Mr. Olson of the need for an RUE ifhe wished to go forward with
his proposal for the waterline to cross the stream bed [EXHIBIT 37]. No application for an RUE
was filed prior to the SEP A MONS being issued on April 23, 2003. The burden was on the
applicant to file an application for a RUE to allow his proposed alterations to critical areas on the
property. The applicant did not do so. The City was unable to process a RUE without an
application. The City has identified Critical Areas Ordinance provisions (BIMC 16.20) which
regulate the ravine area on the applicant's property. BIMC 16.04.170 adopts these provisions as
substantive authority for its SEPA review. The applicant's proposal does not comply with the
provisions ofBIMC 16.20. The Director's decision to prohibit waterline construction as
proposed by the applicant is supported by the testimony ofMr. Bonsell and by substantial
evidence in the hearing record. The City's proposal in Condition 6 to allow a second well on the
Olson property is not supported by evidence in the record. This mitigation measure cannot be
accomplished because of site topography and prior development on the parcel. The City's
suggested alternative route along the Lofgren Road right-of-way can be accomplished and is
reasonable mitigation to avoid identified probable environmental impacts to the stream area.
Without a RUE, this route is the only reasonable route for a waterline to connect all lots in the
subdivision to the proposed well site on the west side of the parcel.
3. The applicant also appealed SEPA MONS Condition NO.7:
In order to provide adequate access to the subdivision, the applicant is required to
improve and develop Hemlock Street NE to City of Bainbridge Island Minimally
Adequate Standard~. Improvements shall begin at NE Lofgren Road and continue to the
south property line, All improvements shall be approved by the Department of Public
Works,
The City has not identified a specific environmental impact which requires this mitigation
measure. The City Engineer determined that no Concurrency Certificate would be required for
this project. One half of the lots will access Lofgren Road from Fir Street. Only three lots in the
subdivision will utilize Hemlock Street for off-site access. The City has made no factual showing
that there are probable significant adverse impacts expected from this project which require this
mitigation. The City has made no site specific study which demonstrates that the approval of the
proposed plat will cause significant impacts to traffic or public safety. The City Engineer
determined that the few additional car trips that will result from the development of the proposed
plat will not have a significant impact on the LOS now available on Lofgren Road. No other
probable adverse environmental impacts have been identified by the City to support the SEP A
MONS Condition NO.7. SEPA mitigation measures must be based on identified adverse
environmental impacts which have been identified in a review of the specific proposal. The
mitigation measures imposed under SEPA must be reasonable and capable of being accomplished.
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Hemlock street is a public right-of-way. It has only been developed south of the
applicant's property. The Fire Marshall reviewed the access proposal made by the applicant
[EXHIBIT 6] and approved the route. The applicant's engineer testified that this route could be
improved to comply with the City's Road Design Standards for Minimally Adequate Roadways.
This testimony was not refuted by the City. The cost of developing access required by the City in
Condition 7 would be four times as high as the cost for road improvements proposed by the
applicant. This is not a reasonable mitigation measure for the minimal traffic generated by these
three lots.
The Director's conclusion that the improvement and development of Hemlock Street from
Lofgren Road to the parcel's south property line is necessary to reduce probable environmental
impacts caused by this proposal is not supported by substantial evidence in the record.
4 BIMC 17.04.094 sets forth the decision criteria for approval of a subdivision application.
5. BIMC 17.04.094 AI. a: The Subdivision may be approved or approved with modification
if: I, 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 application for preliminary plat approval for a six lot subdivision has proposed access
off Fir Street for the three lots proposed on the east side of the parcel. Fir Street is presently
developed as a gravel road which provides access to the residence located on the Olson property
as well as developed lots to the south. Fir Street is not a through street, however, the City
Engineer and the Fire Marshall have given their approval for its use as adequate access for Lots 4,
5 and 6 of the proposed subdivision. The applicant has proposed to extend the development of
the Hemlock Street public right-of-way to serve as access to Lots I, 2 and 3 of the proposed
subdivision. Hemlock Street would be developed to meet the City's "Minimally Adequate Road
Design Standards," and would be designed with fire truck turnaround areas and vehicle pullouts
as required by the Bainbridge Island Fire Department (BlFD). Stormwater management features
will be included in the roadway improvements. Hemlock Street is designed as a winding gravel
road which provides access to five residences located south ofthe Olson property. The applicant
proposes to improve and extend that road across Lots 3 and 2 to provide adequate access for
Lots I, 2 and 3 in the proposed Olson subdivision. Residents of Lots 1,2 and 3 will use Hemlock
Street to access Y aquina Avenue to the south. Lots I, 2 and 3 would not have direct access onto
Lofgren Road, since the remainder of the Hemlock Street public right-of-way will remain
undeveloped. The applicant's proposals for roadway access to the six lots in this subdivision are
adequate and are consistent with the road and access performance standards set forth in BlMC
l7.04.080(J). Hemlock Street is a public right-of-way and will remain available for development
as a public street in a future City project. The improvements made by the applicant to the south
portion of Hemlock Street will contribute to the public use of the Hemlock Street right-of-way
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Hearing Examiner
City of Bainbridge Island
and will not hinder or prohibit the future development of Hemlock Street as a through street. The
improvements proposed by the applicant will develop the public right-of-way to a standard which
provides for public health and safety and will provide adequate safe passage for residents of this
subdivision. These improvements are reasonable and will mitigate traffic impacts generated by
this subdivision.
6. BIMC l7.04.094.A.l.b: The Subdivision may be approved or approved with
modification if: I, The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: b, Streets,
including street names, traffic regulatory signs and mailbox locations;
Hemlock and Fir Streets are identified by street names on the City's Functional Roadway
Classification Map and appropriate signage has been installed at the intersection of Hemlock
Street and Yaquina Avenue and at the intersection of Fir Street and Lofgren Road. Additional
traffic regulatory signs, if required by the DPW, will be installed by the applicant. Mailbox
locations and traffic signage required for developed lots will be indicated on the face of the final
plat prior to approval. Address signage approved by the Fire Department will be required on each
residential lot.
7. BIMC l7.04.094.A.l c: The Subdivision may be approved or approved with
modification if: I, The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: c, Transit stops;
Kitsap Transit provides public transportation for residents in this area. Residents of this
new Olson subdivision will have access to transit stops along Lofgren Road, Ferncliff Avenue and
State Highway 205. These transit stops will provide adequate access to public transportation for
the residents of this subdivision.
8 BIMC l7.04.094.A.l.d and e: The Subdivision may be approved or approved with
modification if: I, The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: d. Pedestrian
facilities; e, Other public ways leading to and providing access to and within the subdivision;
Pedestrian access to the subdivision will be provided along Fir Street and Hemlock Street.
The roadways will include gravel shoulders, however, no sidewalks are planned in the subdivision.
No trails have been proposed within the open space areas. Open space is divided among the six
individual lots.
This small subdivision is located within two miles of the downtown core and is located on
property very near State Highway 305. Residents of this subdivision will have access to the State
Highway from both Lofgren Road and Yaquina Avenue. Access to all lots in the subdivision will
be via public right-of-way through driveway access onto the individual lots. No additional public
ways will be built within this small subdivision.
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Hearing Examiner
City of Bainbridge Island
9 BIMC 17.04.094.A.l.f & g: The Subdivision may be approved or approved with
modification if: I. 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;
School impact fees will be paid for each of the created lots. 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.
Subsequent to plat recording and prior to building permit issuance for any created lot, an
applicant constructing a residence on any of the lots will be required to pay the remaining one half
of the school impact fee in effect at the time of building permit issuance [Condition IO]. These
school impact fees will provide funding for the additional usage of public schools and school
grounds by residents of this new subdivision.
10. BIMC l7.04.094.A.l.h: The Subdivision may be approved or approved with
modification if: I, The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: h. Open spaces;
i, Parks; j. Recreation facilities; k, Playgrounds;
This six lot subdivision has been designed with an open space tract in the center of the
property to protect a steep sloped, natural ravine. Steep slope buffer areas have been set aside as
no build areas at the top of the ravine. An additional 25-foot vegetated buffer has been
designated along Lofgren Road, on the north property line of the subdivision. An Open Space
Management Plan will be adopted for this subdivision. Under the provisions of that Plan, use
activities in the open space will be limited. Conditions of approval will require fencing along the
slope buffer perimeter to protect the buffer area from encroachment by development activities on
the individual lots. The Homeowners' Association will be given the responsibility of monitoring
activities on the individual lots to ensure protection of the critical areas on the property.
This subdivision is within one mile of Meigs Park which is located across State Highway
305 to the north. In addition, public school playground areas and the Park District's swimming
pool are located across State Highway 305 within a mile of this subdivision. It is difficult for
pedestrians to cross State Highway 305 at the Madison Street intersection. It is unlikely that
residents of this subdivision will have pedestrian access to nearby parks and school grounds,
however, public and private vehicle transportation will make those parks readily accessible. No
additional recreational facilities are planned for the lots in this subdivision. No common area will
be developed for the use of all residents of the subdivision. The lots range in size from 25,180
square feet to 36,438 square feet. Each lot should provide adequate space for playground
equipment and other active recreation for the residents of the lots. Passive recreation trails could
be developed in the ravine area if properly developed to protect geologically hazardous slopes in
the ravine, and to avoid erosion and sedimentation impacts on the ravine stream. No trails have
been proposed or required.
11. BIMC 17.04.094.A.l.l & m: The Subdivision may be approved or approved with
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Hearing Examiner
City of Bainbridge Island
modification if: I. 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;
Roadway improvements proposed by the applicant in Exhibit 6, detail a hammerhead
turnaround for fire and emergency vehicle access to the lots in this subdivision. Hemlock Street
will be widened and developed to meet "Minimally Adequate" Roadway Standards. The grade of
the roadway will not exceed 12%. This design will provide adequate fire and emergency vehicle
access to the subdivision. The applicant has not provided any documentation regarding fire flow
availability. The Fire Marshall has determined that there is no fire flow available in this area
[EXHIBIT 39]. If separation between dwellings on the lots is used to meet the fire flow
requirements, then the applicant must place a restriction on all lots prohibiting combustible roofs
and setting minimum distance between dwellings of not less than 25-feet. These specifications
will be required on the face ofthe final plat [Condition I 8].
12. BIMC 17.04.094.A.l.n: The Subdivision may be approved or approved with
modification if: I, The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: 11. Drainage and
storm water facilities;
The applicant has not submitted a preliminary plan for drainage and stormwater facilities
on the six lots proposed for this subdivision. Stormwater drainage measures have been included
in the road improvement proposal for Hemlock Street. The Geotechnical Engineer's Report
[EXHIBIT 9] makes specific recommendations for a Coordinated Site Drainage Plan before site
development. The Geotechnical Engineer has recommended that all future site drainage
discharges such as roof downspouts, foundation drains, driveway drainage and other site drainage
features be routed into stormwater infiltration dissipation systems away from the ravine slope
crest and outside of the recommended 25-foot buffers. Regular maintenance of on-site drainage
systems is required. The applicant will be required to submit a Coordinated Site Drainage Plan
which meets the recommendations of the Geotechnical Engineer's Report and has the approval of
the DPW prior to final plat approval. This Coordinated Drainage Plan is necessary to protect the
ravine slope and stream located in the center of the property.
13. BIMC 17.04.094.A.1.0 & p: The Subdivision may be approved or approved with
modification if: I. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: 0, Water
supplies, including potable water; p, Sanitary waste.
The applicant has not provided a Water Availability Letter for this subdivision application.
The Bremerton-Kitsap County Health District has informed Mr. Olson that his application is not
in compliance with Health District Ordinance No. 1996-8 "Rules and Regulations Governing On-
Site Sewage Systems" [EXHIBIT 27]. Health District approval of the proposed Group B Water
System cannot be obtained until the water system is in place and operating. There is no evidence
in the record to show that potable water will be available for this subdivision when developed.
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Hearing Examiner
City of Bainbridge Island
Building site applications for on-site sewage disposal are required for Lots I, 2, 4 and 6. Health
District approval for water supply and sanitary waste disposal is required for approval of the
preliminary plat application.
14. BIMC 17.04.094.A2: The Subdivision may be approved or approved with modification
if: 3. The preliminary residential subdivision has been prepared consistent with the
requirements of the flexible lot line process and applicable flexible lot standards;
This preliminary plat has been designed to comply with the flexible lot process by locating
home sites outside critical areas and creating vegetated perimeter buffer areas along Lofgren
Road. This subdivision meets the minimum lot size requirements ofBIMC 17.04.080. The
minimum lot width for any lot in the proposed subdivision is 8 I-feet (Lot 6), which exceeds the
minimum lot width allowed in the Flexible Lot Standards (50-feet). Each lot in this subdivision
will be allowed no more than 6,534 square feet oflot coverage [Condition 14]. This lot coverage
meets the maximum lot coverage requirements for the R-2 zone (BIMC 18.30.050). Building
setback minimums will be indicated on the face of the final plat.
15. BIMC l7.04.094.A.3: The Subdivision may be approved or approved with modification
if: 3. Any portion of the subdivision which contains a critical area, as defined in Chapter I6, 20
BIMC, conforms to all requirements of that ordinance;
This parcel has a steep ravine and Class IV stream in the center of the property. These
critical areas have been designated as open space tracts on the individual lots and a 25-foot steep
slope buffer has been delineated on the site plan. No development will be allowed within the
ravine or its buffer area. The Geotechnical Engineer recommended a minimum setback distance
of 25-feet from the existing slope crest, to provide a suitable factor of safety for future residences
and other associated features on each of the six proposed lots. The Geotechnical Engineer
studied the site and found no indication of recent instability, landslide, or significant erosion
[EXHIBIT 9, Page 4]. BIMC 16.20.080 allows a reduction in the width ofthe buffer area
provided the Geotechnical Engineer demonstrates that the proposal will not adversely impact the
geologically hazardous area. The Open Space Management Plan will contain provisions for the
monitoring of activities within the designated open space areas, to avoid encroachment by
development activities on individual lots. This project, if developed in compliance with the
conditions recommended, will conform to all requirements ofBIMC 16.20.
16. BIMC l7.04.094.A.4: The Subdivision may be approved or approved with modification
if: 4, The subdivision reasonably maintains and protects productive agricultural uses in the
vicinity of the property, including complying with BIMC I6,20.I80;
No agricultural uses have been identified in the vicinity of this property, with the exception
of a possible tree farm located on a lot to the east of Fir Street. This subdivision will not abut that
tree farm property and the development of this Olson parcel for residential development will have
no impact on the continued use of that property for tree farm production. No other productive
agricultural uses have been identified in the vicinity of this property.
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Hearing Examiner
City of Bainbridge Island
17. BIMC I7.04.094.A.5: The Subdivision may be approved or approved with 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 I5, 20 BIMC.
The applicant will be required to submit a plan for temporary erosion and sediment
controls as a part of the required Plat Utilities Permit. A Coordinated Site Drainage Plan must be
designed for this subdivision to protect geologically hazardous slopes and regulated streams in the
center of the property. The applicant will be required to submit a Coordinated Site Drainage Plan
which includes the recommendations of the Geotechnical Engineer and is designed so that peak
runoff will not exceed pre-development conditions [Condition 5 and I9] .
18. BIMC l7.04.094.A.6: The Subdivision may be approved or approved with modification
if: I, The preliminary subdivision design is compatible with the physical characteristics of the
proposed subdivision site;
This subdivision has been designed for six residential lots on a parcel which has a
maximum density of nine lots. Building sites have been designated outside of critical areas and
their buffers. Approximately one third of the parcel contains a steep ravine and Class IV stream.
This ravine is located in the center of the parcel and has been included in open space areas set
aside for protection Development is planned outside of all steep slope areas and buffer areas
No access roads will cross the interior of the property. Three lots on the east side of the parcel
will access from the north and east and the three lots on the west side of the parcel will access
from the south and west. The Geotechnical Engineer's analysis of the site concluded that the
proposed site development can occur without adverse impacts to slope stability, provided that
adequate earth work, drainage erosion control, and site vegetation management are incorporated
into site development and construction practices. [EXHIBIT 9, Page 3]. This subdivision will be
developed in a design compatible with the physical characteristics of the property.
19. BIMC l7.04.094.A.7: The Subdivision may be approved or approved with modification
if: 7. The proposal complies with all applicable provisions of this code, Chapters 58, I 7 and
36.70A RCW, and all other applicable provisions of state and federal laws and regulations;
This proposal will comply with all the applicable provisions of this code and all other
applicable provisions of State and Federal laws and regulations, ifit complies with all
recommended conditions of approval and if the applicant provides documentation of Health
District approval for a water system and sanitary waste disposal systems on the property. The
applicant has provided insufficient information on potable water availability for this preliminary
subdivision. This information is required by BIMC 1704.094 prior to preliminary plat approval.
20. BIMC I7.04.094.A.8: The Subdivision may be approved or approved with modification
if: I. The proposal is in accord with the city's comprehensive plan;
This subdivision proposal is in general accord with the City's Comprehensive Plan The
absence of information about water supply, sanitary waste disposal, and fire flow availability make
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Hearing Examiner
City of Bainbridge Island
this application for preliminary plat approval premature.
21. BIMC 17.04.094.A.9: The Subdivision may be approved or approved with modification
if: 9, Wherever feasible, the preliminary plat design includes measures to minimize 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 does include measures to minimize clearing, with priority
given to maintenance of existing vegetation. The applicant has set aside forested areas in the
center of the lot in protected open space. A tree retention plan was submitted with the Site Plan
[EXHIBIT 35j. This tree retention plan indicates an existing tree canopy of 173,600 square feet
The required 30% canopy preservation totals 52,080 square feet. This plan indicates that 70% of
the trees will be retained in the open space areas for a total retention of tree canopy at 55,485
square feet. Erosion and sedimentation control measures will require revegetation of disturbed
areas to protect critical areas on the site. The applicant has proposed access to this subdivision
from the west via Hemlock Street from Yaquina Avenue. This proposal will leave undisturbed
most of the remaining public right-of-way north of Lot 3. The applicant's design for
improvements on Hemlock Street identifies existing landscaping and trees along the right-of-way
and is designed to minimize vegetation removal.
22. BIMC 17.04.094.A.1O: The Subdivision may be approved or approved with modification
if: IO. The preliminary subdivision meets road and storm water management requirements,
This preliminary subdivision proposal meets the road performance standards of
17.04080(1). The proposed road improvements will include stormwater management controls
which meet the requirements ofBIMC 15.20 and comply with the City's road design standards
for "minimally adequate" roadways. A Stormwater Management Plan will be submitted by the
applicant. This plan will be designed so that site development maintains pre-development site
drainage conditions.
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.
It is the recommendation of the Hearing Examiner that this proposed subdivision not be
approved until the applicant provides documentation of Health District approval of the proposed
water system and sanitary waste systems, and until a Coordinated Site Drainage Plan has been
submitted to the DPW for approval. Once that information is provided, the public use and
interest would be served by platting of this subdivision.
24. BIMC I7.04.094.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: I, All public and private facilities and improvements
on and off the site necessary to provide for the proposed subdivision will be available when
needed;
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Hearing Examiner
City of Bainbridge Island
The applicant has not shown that all private facilities and improvements on and off the
site, necessary to provide for the proposed subdivision, will be available when needed. The
applicant has not built the water system proposed as a potable water supply for lots in the
subdivision. Health District approval is required for a multi-party water system such as the one
proposed by the applicant. The approval cannot be obtained until the well is in place and the
water system has been tested by the Health District. No documentation has been provided by the
applicant to support his assertion that water is available at the proposed well site. The applicant
has also not received Health District approval for sanitary waste disposal systems to service
individual lots. These private facilities are necessary to provide for the proposed subdivision.
25. BIMC 17 04.094.C.2: In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additionalfactors 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:
Electricity and telephone service are available in the immediate vicinity of this parcel and
will be available for connection by residents of this subdivision as required. The proposed
additional use of those existing utilities will not degrade the existing level of operation or use of
such utilities below accepted standards.
26. BIMC 17.04.094.C.3: In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additionalfactors without limitation will also be considered:,.. 3. The scenic value of existing
vistas which provide substantial value to the state and public at large, such as views from public
rights-of-way, parks and open space;
The applicant will retain a 25-foot vegetation buffer along the north property line where it
abuts Lofgren Road. This buffer will help protect the scenic value of existing vistas for users on
Lofgren Road, a public right-of-way. In addition, approximately one-third of the property will be
retained in forested open space to protect the ravine and Class IV stream in the center of the
property. This ravine area will remain visible from the public right-of-way along Lofgren Road.
27. BIMC l7.04.094.C.4: In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additionalfactors 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
welfare;
This 4.5 acre forested parcel is located in an area zoned for residential development. This
proposed subdivision will not result in development of the property to the maximum density
allowed in the zone. The parcel measures 196, III square feet; of that area 79,265 square feet
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Hearing Examiner
City of Bainbridge Island
will be retained in forested open space. At least 70% of the trees in the open space areas will be
retained under a tree retention plan submitted by the applicant.
28. BIMC 17.04.094 .C.5: In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additionalfactors 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 andforaging by endangered, threatened or protected species to the extent consistent with
the proposed new use,
Existing habitat carrying capacity of the property will be reduced by the development of
six lots on this parcel. More than 79,000 square feet of the property will be retained in its natural
state in a protected open space area in the center of the property. This area will provide some
habitat carrying capacity for the property. No wildlife corridors have been identified on this
parcel and no areas on the property have been identified as areas used for nesting and foraging by
endangered, threatened or protected species.
29. This preliminary plat application can be approved once documentation is provided for
Health District approval of the proposed water system and on-site sanitary waste disposal
systems, provided the following conditions are attached to its approval:
SEP A Conditions:
I. Prior to any clearing, grading or construction activities and prior to fmal plat
approval, the applicant shall obtain a plat utilities permit from the Department of
Planning and Community Development. The plat utilities permit shall include a
Temporary Erosion and Sedimentation Control Plan.
2. All excavated material shall be re-used on-site. If the material is found to be
unsuitable for on-site use, it shall be disposed of at an appropriate disposal site.
3. To mitigate air quality impacts during grading, contractors shall conform to Puget
Sound Clean Air Agency Regulations that insure that reasonable precautions are
taken to avoid dust emissions.
4. To mitigate air quality impacts during clearing activities, cleared vegetation must
be removed from the site and/or processed by chipper or some other method of
disposal that does not require buming.
5. Complete storm water drainage plans designed in accordance with the Washington
State Department of Ecology Technical Manual shall be submitted and approved
by the City Engineer as part of the plat utilities permit.
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Hearing Examiner
City of Bainbridge Island
6. The water transport lines from the well site located on the property line of Lots 2
and 3 will not be permitted to cross the ravine or Class IV stream located in the
center of the property either above or below the ground surface unless the
applicant applies for and is granted a Reasonable Use Exception to allow
alterations to the stream and stream buffer areas. The water transport line may be
placed in the public right-of-way for NE Lofgren Road after issuance of a Right-
of-Way Permit and if constructed in compliance with the Bainbridge Island Design
and Construction Standards and Specifications after approval by the Department
of Public Works. Utility easements for the waterline route must be legally
described and recorded with the Kitsap County Auditor prior to any construction
activities on the site.
7. To mitigate potential off-site glare, any street lighting within the subdivision shall
be hooded, shielded, and have a maximum height of 12 feet from finished grade
and shall adhere to BIMC 15.34.
8. All conditions and recommendations set forth in the geotechnical report prepared
by Myers Biodynamics, Inc., dated October 20, 1999 are adopted as conditions of
this approval. Compliance with those recommendations is required.
Non-SEPA Conditions:
9. 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 shall pay one half of the school impact fee in
effect at the time of building permit issuance.
10. A final Open Space Management Plan and associated Covenants Conditions and
Restrictions containing the maintenance and responsibility for the open space shall
be approved by the Director of Planning and Community Development then
recorded with the final plat approval. The final Open Space Management Plan
shall include provision for fencing along the perimeter of the steep slope buffer on
each individual lot. The plan must include provisions for monitoring use activities
on the lots to ensure protection of the buffer and ravine areas.
11. All open space area uses and restrictions are to follow the approved Open Space
Management Plan. Specifically 30% of the significant trees as defined in BIMC
18.85 and 50 % of the open space on the individual lots shall be designated and
preserved in native vegetation at the time of building permit submittal.
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Hearing Examiner
City of Bainbridge Island
Preservation plans shall be submitted with each building/development permit
identifYing the area and trees to be retained. All trees and vegetation on any slope
15 percent or greater shall remain undisturbed. If any of the significant trees that
are designated to be saved are considered hazardous by a professional arborist,
they may be removed after a replanting plan has been approved. The ratio of
replacement shall be 3-1, 3 trees of similar type shall be planted for every
significant tree removed as required planting in BIMC 18.85
12. All lot corners shall be staked with three-quarter inch galvanized iron pipe and
locator stakes along with all other applicable survey provisions of Appendix
A.(BIMC Chapter 17.04)
13. A plat certificate shall be provided with the final plat application.
14. Building setback and lot coverage requirements must be shown on the final plat,
Specifically:
. Building to Building - Minimum 50 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.
. Building to NE Lofgren Road - 35 feet
. Maximum lot Coverage per lot - 6,534 square feet.
15. 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.
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Hearing Examiner
City of Bainbridge Island
16. Public and private improvements, facilities, and infrastructure, on and off the site
that are required for the subdivision shall be completed, have final inspection and
approval prior to final plat approval. Approval of public facilities will be shown by
a formal letter of acceptance from the City Engineer. An assurance device
acceptable to the City may be used (in lieu of physical completion) to secure and
provide for the completion of necessary facilities. Any such assurance device shall
be in place prior to final plat approval, shall enumerate in detail the items being
assured and shall require that all such items will be completed and approved by the
City within one year of the date of final plat approval. While lots created by the
recording of the final plat may be sold, no occupancy of any structure will be
allowed until the required improvements are formally accepted by the City.
Additionally, a prominent note on the face of the Final plat drawing shall state.
"The lots created by this plat are subject to conditions of an assurance device
held by the city for the completion of certain necessary facilities. Building
permits may not be issued and/or occupancy may not be allowed until such
necessary facilities are completed and approved by the City of Bainbridge
Island. All purchasers shall satisfy themselves as to the status of completion
of the necessary facilities."
17, To the satisfaction of the City Engineer, the applicant shall satisfY the following
conditions prior to final plat approval..
a. The Applicant shall submit a proposal for meeting the Bainbridge Island
Design and Construction Standard 7-040 for frontage improvements along
Hemlock Street prior to preliminary subdivision approval. The applicant
shall officially open and improve Hemlock Street to provide access to Lots
1,2 and 3 from Yaquina Avenue. Hemlock Street shall be improved to
meet the City of Bainbridge Island Minimally Adequate Roadway
Standards and shall include hammerhead turnarounds and pullouts as
required by the Bainbridge Island Fire Marshall.
b. Applicant shall submit an engineered plan for construction of the road as
well as drainage/erosion-sedimentation control system for it. A design shall
be submitted and approved prior to final plat approval.
c. Drainage and road improvements shall be constructed or appropriately
bonded to ensure performance prior to final plat approval.
d. The Geotechnical Engineer shall provide concurrence for proposed
drainage systems serving the single family residences or roadways.
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Hearing Examiner
City of Bainbridge Island
e. The applicant shall dedicate five feet adjacent to NE Lofgren Road to the
City of Bainbridge Island prior to final plat approval.
18. To the satisfaction of the Bainbridge Island Fire Department, the applicant shall
address the following conditions prior to final plat approval:
Anyon-site private roads shall be constructed with the following
requirements.
a. The entire road shall consist of an all weather gravel
surface at least 12 feet in width and a height clearance of not less
than 13' - 6".
b. The road shall have a gradient not to exceed 12% an
any point unless it is paved where a 15% grade will be allowed.
c. Any private road greater than 300 feet shall have
turnouts at 300 foot intervals to allow passage of two vehicles. The
turnouts must transition to 18 feet in width in a length of 40 feet.
d. A hammerhead must be located in the most level
portion at or near the end of the road.
e. The final plat shall indicate the method of
compliance with fire flow requirements as approved by the
Bainbridge Island Fire Department.
f. Address signage approved by the Fire Department
must be installed on each residential lot prior to building permit
Issuance.
19. Prior to any construction activities on the site, the applicant shall submit a
coordinated site drainage plan for all lots in the subdivision. This plan shall
incorporate the recommendations the Geotechnical Engineer made in her October
20, 1999 report. The drainage plan must include provisions for regular
maintenance and repair of the drainage systems on the lots by a Homeowners'
Association or other community entity.
20. Applicant shall submit the following items, completed by the Geotechnical
Engineer, prior to final short subdivision approval.
A. The engineer of record shall complete, sign, and seal the City of
Bainbridge Island's standard geotechnical recommendation form.
B. The engineer of record shall address the possible risk to adjacent
properties in the City of Bainbridge Island's standard geotechnical
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recommendation form.
C. The following setbacks shall be noted on the face of the plat map,
including but not limited to, a 25-foot setback from the crest of the ravine
to all future residences, a I a-foot setback to the shared well, and a 10-foot
setback from the crest of the ravine to future utility easements.
21. Applicant shall resolve any survey issues prior to final subdivision submittal,
including but not limited to, removal of the garage that straddles the property line
common to lots 5 and 6.
22. The well site for the project shall be a minimum of 25 feet from the top of slope
and the location. Drilling procedures must be approved by a geotechnical engineer.
The proposed route and construction of the water line must be approved by the
Geotechnical Engineer. The well system must have Health District approval. Well
maintenance easements shall be located outside of critical area buffers. A water
system maintenance agreement shall be submitted prior to final plat approval. The
agreement shall include provisions for regular maintenance and repair, as well as
assessment provisions to fund those maintenance and repairs.
23. Health District approval for septic systems and the water well system is required
prior to submittal to the City Council for decision.
24. This subdivision shall be developed in substantial conformance to the site plan date
stamped March 27,2003 and the Road and Drainage Plan date stamped March 14,
2002, except as modified by the Conditions of Approval.
25. Conditions I - 5, 8 - II, 13, 14, and 18 shall be listed on the final plat mylar
DECISION
The applicant's appeal of SEP A MONS Condition 6 is granted in part and denied
in part. Condition No.6 is amended to read as follows:
The water transport linesfrom the well site located on the property line of
Lots 2 and 3 will not be permitted to cross the ravine or Class IV stream
located in the center of the property either above or below the ground surface
unless the applicant applies for and is granted a Reasonable Use Exception to
allow alterations to the stream and stream buffer areas, The water transport
line may be placed in the public right-of-way for NE Lofgren Road after
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City of Bainbridge Island
issuance of a Right-of-Way Permit and if constructed in compliance with the
Bainbridge Island Design and Construction Standards and Specifications with
approval by the Department of Public Works, Utility easements for the
waterline route must be legally described and recorded with the Kitsap
County Auditor prior to any construction activities on the site,
The applicant's appeal of Condition 7 is granted. SEPA Condition No.7 is
stricken.
RECOMMENDATION
The Hearing Examiner recommends to the City Council that this application for
Preliminary Subdivision be remanded to the Department of Planning and
Community Development until the applicant provides Health District approval of a
the water system and the sanitary waste disposal systems for this subdivision.
After receipt of that documentation, the preliminary plat application will be ready
for review and decision by the City Council.
Dated this 14th day of November, 2003.
~~~
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. [BIMC 2. 16. 130(F)(6)].
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