OlsonDecision CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR A PRELIMINARY ) SUB09800
PLAT APPROVAL AND APPEAL OF ) FINDINGS OF FACT
SEPA MITIGATED DETERMINATION ) CONCLUSIONS
OF LAW,
OF NONSIGNIFICANCE (MDNS) ) SEPA APPEAL DECISION
APPLICANT: ESTATE OF OTTO OLSON,) AND PRELIMINARY PLAT
MICHAEL OLSON, EXECUTOR ) RECOMMENDATION
__________________________________
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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 11 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 # 4169 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 on the property. [See Report of Myers Biodynamics, Inc. – EXHIBIT 9.]
3. The subject property has been given a zoning designation of R-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 of OSR-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-1. 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 1-mile of this subdivision. Residents of this subdivision will also have access to public school playground areas located within 1-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 Yaquina 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 MDNS 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 MDNS:
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 and continue to the south property line. All improvements shall be approved by the Department of Public
Works.
The applicant proposed access to Lots 1, 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 12-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 17.04.080(J) which reads as follows:
J. Roads and Access Performance Standards.
1. 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 placed on providing pedestrian access
to proposed recreational and/or open space areas.
d. All roadways (and building sites) 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.13,
1998; Ord. 96-06B Sec.1, 1996)
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 subdivision is located within one mile
of the 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 of C 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 18]. 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.
11. 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. If building 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 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 12]. 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 10-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 1, 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 16.20.090(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 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 of 25-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 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 of Incomplete Application was sent to the applicant on September 5,
2002. Building site applications for on-site sewage disposal for Lots 1, 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 10]. 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.
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
1. 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 SPT092001 concerned a separate parcel of land 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 SEPA appeal and Preliminary Plat review. The request is denied. The applicant filed a timely appeal of the SEPA MDNS.
2. The applicant
appealed SEPA MDNS 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 SEPA MDNS 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 of DPCD 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 relief from the
provisions of 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 if he 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 SEPA MDNS 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 of BIMC 16.20. The Director’s decision to prohibit waterline construction as proposed by the applicant is supported by the testimony of Mr. 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 MDNS 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 Standards. 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 SEPA MDNS 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.
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.A.1.a: 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: 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 1,
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 (BIFD). 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 of the Olson property. The applicant proposes to improve and extend that road across Lots
3 and 2 to provide adequate access for Lots 1, 2 and 3 in the proposed Olson subdivision. Residents of Lots 1, 2 and 3 will use Hemlock Street to access Yaquina Avenue to the south.
Lots 1, 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 BIMC 17.04.080(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 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 17.04.094.A.1.b: 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: 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 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;
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 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 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.
9. BIMC 17.04.094.A.1.f & g: 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: 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 10]. 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 17.04.094.A.1.h: 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: 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.1.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: l. 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 of the final plat.
[Condition 18].
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 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.o & p: 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: o. 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. Building site applications for on-site sewage disposal are required for Lots 1, 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.A.2: 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 of BIMC 17.04.080. The minimum lot width for any lot in the proposed subdivision is 81-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 of lot 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 17.04.094.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 16.20 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 of the 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 of BIMC 16.20.
16. BIMC 17.04.094.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 16.20.180;
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.
17. BIMC 17.04.094.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 15.20 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 19] .
18. BIMC 17.04.094.A.6: The Subdivision may be approved or approved with modification if: 1. 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 17.04.094.A.7: The Subdivision may be approved or approved with modification if: 7. The
proposal complies with all applicable provisions of this code, Chapters 58.17 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, if it 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 17.04.094 prior to preliminary plat approval.
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;
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 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 35]. 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.10: The
Subdivision may be approved or approved with modification if: 10. The preliminary subdivision meets road and storm water management requirements.
This preliminary subdivision proposal
meets the road performance standards of 17.04.080(J). The proposed road improvements will include stormwater management controls which meet the requirements of BIMC 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 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 available when needed;
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 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;
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 additional factors 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 17.04.094.C.4: In making a determination of approval, approval with modifications or disapproval using
the subsections A and B of this section, the following 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 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 196,111 square feet; of that area 79,265 square feet 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 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.
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:
SEPA Conditions:
1. Prior to any clearing, grading or construction activities and prior to final 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 burning.
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.
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. 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.
XXXXXXXXXXXXX
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.
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:
Any on-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 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 10-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
1 - 5, 8 - 11, 13, 14, and 18 shall be listed on the final plat mylar
DECISION
The applicant’s appeal of SEPA MDNS Condition 6 is granted in part and denied in part. Condition No.
6 is amended to read as follows:
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 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.
RECOMM
ENDATION
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.
/S/ 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)].