SUMMIT AT BLAKELYCITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER c'~
APPLICATION FOP- REASONABLE ) SUBll201 and RUE 11201
USE EXCEPTION AND PRELIMINARY ) FINDINGS OF FACT
PLAT APPROVAL ) CONCLUSIONS OF LAW, DECISIO~
APPLICANT: GREEN DEVELOPMENT ) AND RECOMMENDATION c~ '
AND CONSTRUCTION, LLC., and )
APPEAL OF SEPA MDNS )
APPELLANT: SOUTH RIDGE )
HOMEOWNERS ASSOCIATION AND )
FORT WARD NEIGHBORHOOD )
ASSOCIATION )
)
FINDINGS OF FACT
1. John Green Development and Construction, LLC has an option to purchase a 62-acre
parcel from Port Blakely Tree Farms, a Washington Limited Partnership [EXHIBIT 123]. A legal
description for the property is included as EXHIBIT A to the Option Agreement. John Green
Development and Construction, LLC has applied for preliminary plat approval to develop the 62-
acre parcel into 25 single-family residential lots know as the Summit at Blakley Harbor. The
application was filed with the City of Bainbridge Island (City) on June 6, 2001. The project has
undergone several revisions. The applicant has also requested a Reasonable Use Exception
(RUE) to allow improvement of the existing waterline road for use as a primary access road for
the subdivision and to place a stormwater transmission line and energy dissipater within a Class
IV stream buffer.
2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued by the City on
May 7, 2003. An appeal was filed by the South Ridge Homeowners Association (SRHA) and the
Fort Ward Neighborhood Association (FWNA) on May 21, 2003.
3. The project site is undeveloped except for a waterline and waterline maintenance road
which have been installed in the south portion of the parcel. A Reasonable Use Exception granted
to Island Utility in March, 2000 allowed the installation of 5,000 linear feet of 8-inch waterline
and construction of an adjoining 12-foot wide maintenance road [EXHIBIT308]. Mitigation
measures were attached to that RUE approval. Mr. Green requests an additional RUE to allow
the installation of a stormwater transmission line and energy dissipater within a Class IV stream
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and wetland buffer, to provide access to lots proposed for this subdivision.
4. The 62-acre site is an undeveloped forested parcel which has a wide variety of terrain,
including steeply sloping hillsides, ravines, wetlands, streams and a mixed age forest. The
property contains geologically hazardous areas, including historic and active landslide areas and a
portion of the recently identified Toe Jam Hill Fault. The property has three wetlands, two are
forested Category II wetlands, and the other is a Category II1 wetland. The largest of the
wetlands which is a Category II wetland, occupies approximately 5.25 acres in the center area of
the southern half of the parcel. The Category III wetland is a small wetland that is associated
with a Category IV stream located on the east property line. The wetlands occupy approximately
10% of the parcel. The property also contains three regulated streams. Two are classified as
Class IV streams, while the other is a Class V stream. The property is mostly forested with a
mixed stand of evergreen and deciduous trees. The forest also has a layer of shrubs and ground
cover.
The project parcel is located east of Fort Ward Hill Road and south of Country Club
Road. The property has a zoning designation orR-0.4 and a Comprehensive Plan designation of
OSR-0.4. Properties surrounding this large parcel have also been zoned R-0.4 and have the
Comprehensive Plan designation OSR-0.4. The applicant has proposed developing this
subdivision using the Flexible Lot Design process outlined in Bainbridge Island Municipal Code
(BIMC) Section 17.04. The property will be developed for single-family residential use.
Surrounding properties on the north and south have also been developed for single-family
residential use. Properties immediately adjoining this lot on the east and west remain
undeveloped.
5. The Summit at Blakley Harbor subdivision will be provided potable water by Island
Utility. Private septic systems are proposed for each lot in the subdivision to handle waste
disposal. A preliminary stormwater drainage plan has been submitted for review by the
Department of Public Works. This plan utilizes detention ponds to receive stormwater runoff
from development on the site. Police protection will be provided to future residents of this
subdivision by the Bainbridge Island Police Department. Children residing in the subdivision may
attend school in the Bainbridge Island School District. The Bainbridge Island Fire Department
has reviewed the Preliminary Plat and approved the proposal with conditions [EXHIBITS 139
AND 152]. The RUE proposal was reviewed by the Wetlands Advisory Committee. The
Wetland Advisory Committee's recommendations for conditioned approval were received by the
City on November 28, 2001 and March 20, 2003 [EXHIBIT27R and 75R].
6. A Certificate of Concurrency was issued by the City Engineer on April 24, 2003
[EXHIBIT236]. The Department of Public Works recommended Preliminary Plat approval on
June 6, 2003 [EXHIBIT268]. The City Engineer reviewed this subdivision proposal and
determined that a traffic analysis is not required for concurrency certification. The proposed
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residential use will add approximately 250 average daily trips to the traffic on Fort Ward Hill
Road. The Level of Service (LOS) on City regulated streets will not be lowered below an
accepted level by this development [EXHIBIT 235]
7. The Bremerton-Kitsap County Health District has reviewed this preliminary plat
application and has recommended preliminary plat approval subject the following conditions:
1. Building site applications for on-site sewage disposal is required for each lot prior
to final plat approval. It appears that alternative on-site sewage disposal systems
will be required on all lots. Soils on-site are poor (silt loam) with high ground
water table observed on many lots during the summer months. BSA review will be
required during the winter months for the majority of the lots.
2. The proposed lot sizes may limit both the size of the homes and the number of
bedrooms. This is due to the poor silt loam soils and the poor contours on many
of the lots. The Health District recommends that all lots be increased in size to
accommodate these issues.
3. On-site stormwater infiltration systems will not be permitted on any individual lots
due to the small lot sizes.
4. All clearing and installation of drain fields must be done during the summer months
due to the poor soils.
5. Water is to be provided by the North Bainbridge Water Company, Inc. (sic Island
Utility). A binding water availability letter will be required prior to final plat and
BSA approval.
7. Approval of individual lots in this plat are dependent on obtaining an approved
BSA from the Health District.
The preliminary stormwater drainage plans show that the applicant will not use on-site
infiltration systems for stormwater control on lots in this subdivision. All stormwater will be
tightlined from the lots to the main stormwater detention facilities [EXHIBITS 141 AND 145A].
8. The applicant has retained the firm of Shannon and Wilson to perform a geotechnical
analysis of the site. The geotechnical engineers have made recommendations for construction on
the site and have provided a detailed map which shows building envelopes and drain field
envelopes for each lot proposed in the subdivision [EXHIBIT265]. This site and exploration plan
lists several factors of safety computed for ground instability on the site. Building and drain field
envelopes shown on the drawing are based on the Geotechnical Engineering Report prepared by
Shannon and Wilson in November of 2002. The geotechnical analysis of the site determined that
the site is underlain by two primary geologic materials: 1) the Blakely Harbor formation on the
north half, and 2) the Vashon Stade glacial deposits on the southern halfofthe property. The
Blakely Harbor formation is comprised of sandstone, siltstone and claystone in various stages of
weathering. The Vashon Stade glacial deposits on the southern half of the property consist of
weathered till, underlain by glaciolacustrine silt and sand. The two different soil types are
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separated by the Toe Jam Hill Fault which passes through the site on a generally east/west
alignment. Since the site is essentially divided into two different soil conditions, the Geotechnical
Report addresses soil stability and drainage concerns separately for the two soil types. The north
and south edges of the deformation zone of the Toe Jam Hill Fault have been shown on Figure 2
to the Geotechnical Engineer's Report. Expansive clay soils and weathered claystone were found
in explorations of soils north of the fault line. The Geotechnical Engineer states that because clay
and claystone is expansive and soil volume changes could damage constructed facilities,
construction in this area will require particular care with regard to the design and construction of
foundation and slabs, surface and subsurface drainage, roadways, utilities and other construction.
The report makes specific recommendations for the design and construction of structures in this
area north of the fault in Section 15 of the report. Structures built on soils south of the fault line
will be founded on non-expansive to very low expansion potential glacially overridden soils.
Recommendations for the design and construction of structures south of the fault line are
presented in the Geotechnical Engineer's Report in Section 14. The Geotechnical Engineer has
recommended that residential construction be setback from the top of slopes. Landslides and
potentially unstable slopes have been identified on the site and are included on the Site and
Exploration Plan prepared by Shannon and Wilson in November of 2002. A slope stability
analysis was performed to determine the factor of safety against slope instability and potential
failure surfaces for both static and seismic conditions. The Geotechnical Engineer's Report
recommended setbacks of development from natural slopes to protect development from failures
on natural slopes expected to occur on the site (Section 10.3).
9. After reviewing water balance information provided by ADA Engineering, Shannon and
Wilson, Inc. concluded that the collection of stormwater runoff will offset potential increases in
direct infiltration in lawn areas and from septic drainfields on the site, relative to the pre-
development, pre-logging condition. Assuming the maintenance of water balance on the site, the
Geotechnical Engineers concluded that the natural slopes around and within the development
should not be more unstable following the development than they are pre-development, provided
the proposed detention facilities are constructed, no significant net increase in infiltration occurs,
and surface water drainage recommendations are implemented [EXHIBIT 130, Pg. 20].
10. The Geotechnical Engineers also assessed the stability of the existing waterline access
road and its suitability to serve as an access road for the subdivision. The Geotechnical Engineers
concluded that this roadway should be stable and provide a sufficient Level of Service for its
intended purpose provided the existing roadway is not raised significantly, roadway modification
is performed in accordance with recommendations in the Geotechnical Engineer's Report,
drainage ditches, curbs and gutters are constructed to manage water and reduce infiltration,
roadway surface is paved to reduce infiltration, and drainage systems and pavement are
maintained [EXHIBIT 13 O, Pg. 22].
11. A slope stability analysis was also performed for the three proposed detention ponds
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designed to handle stormwater drainage on the site. The Geotechnical Engineers determined that
construction and operation of the proposed detention ponds would not decrease stability of
nearby slopes. Design recommendations and construction considerations were included for the
surface water system on the site.
12. The Geotechnical Engineer's Report also includes specific design recommendations and
construction considerations for the proposed work to establish site access roadways for the
development. Cut and fill recommendations are presented in Section 16.2.3. Recommendations
for retaining structures for the road cut and fill slopes are presented in Section 12.
Recommendations for roadside ditches are presented in Section 10.4. Retaining walls are
required in some areas to support roadway cuts and fill and may be required to support cut and
fills that may be proposed during lot development and landscaping. According to the
Geotechnical Engineers, encroachment of cuts and fills onto adjacent land may be reduced by
constructing retaining walls in locations where excessive or undesirable encroachment may occur.
The Report (page 33) lists possible roadway retaining wall locations. The Report states that
retaining walls greater than 3-feet in height should be designed by a professional engineer.
Recommendations for retaining walls, lateral earth pressures, lateral resistance and surcharge
loading are presented in the report in Section 12. No retaining walls are proposed to support
roadway fill.
13. SEPA conditions require that all recommendations contained in the Shannon and Wilson,
Inc., Geotechnical Engineering Report prepared in November of 2002 will be conditions of
approval. All construction plans will contain concurrence from the Geotechnicai Engineer. No
field changes or modifications can be made without the Geotechnical Engineer's written approval.
The Geotechnical Engineer must provide a list of specific requirements for construction and
maintenance within the plat to be placed on the face of the plat and provide an Indemnification
and Hold Harmless Agreement in accordance with BIMC 16.20.080(C)(g) for each building
permit issued within the plat (Condition 7).
14. The applicant proposes to divide the 62-acres into 25 single-family residential lots using
the Flexible Lot Design Subdivision regulations required by BIMC 17.04. The building lots will
be clustered into 4 nodes, preserving 80% of the land as open space. Thirteen acres will be
developed for home sites and 49 acres will remain undeveloped open space. The subdivision will
be developed by Mr. Green in four phases beginning with the residential lots designated in the
southern portion of the property. The sites selected for development have been verified by the
Geotechnical Engineers as appropriate for construction of single-family residences and on-site
sewage disposal systems [EXHIBIT 265]. The two proposed lot clusters in the southern portion
of this large parcel are located near property boundaries with lots which are developed with
single-family residential development. The owners of some of these lots to the south have
submitted written complaints about the inadequacy of perimeter buffers along the south property
line. These neighbors have stated that the location of new homes so close to the southern
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property line will diminish their views of the forest. In response to those concerns the Planning
Department has recommended that a 15-foot full vegetation screen, meeting the requirements of
BIMC 18.85, be planted and maintained along the south property lines of Lots 5-7 of Phase III,
and Lots 3 and 4 of Phase IV [EXHIBIT272 - Condition 24]. Significant trees within the buffer
area will be retained. The closest lot development will be approximately 300-feet from a
residence on neighboring property [Testimony of John Green].
15. Owners of neighboring properties have submitted written complaints that the clustered
development proposed for this parcel is inconsistent with the 2.5 acre parcel development on
surrounding properties. The Comprehensive Plan recommends that the Island landscape should
be preserved through creative site design using the Flexible Lot Design process for five lots or
more [Comprehensive Plan OS 3.4]. The proposed development has used the Flexible Lot
Design regulations to cluster development and preserve large areas of open space in separate
tracts. This site contains many critical areas which have been preserved in the open space tract.
Home sites have been created outside of those critical areas and their required buffers. BIMC
17.04.050 requires all residential subdivisions to be designed consistent with the Flexible Lot
Design process and the Flexible Lot Standards included in Chapter 17.04. This subdivision has
been designed to comply with those provisions.
16. A SEPA MDNS was issued by the City after an extensive environmental review. The
applicant submitted an Environmental Checklist as well as a Geotechnical Engineering Report, a
Wetlands, Streams and Wildlife Report [E. JfHIBIT 11], a Wetland Buffer Mitigation Plan, a
Stormwater Drainage Plan, and an Open Space Management Plan as a part of his Preliminary Plat
application. After the SEPA scoping process, the applicant altered his project by reducing the
number of lots from 29 to 25. A Public Participation Meeting on the project was held on
February 25, 2003~ A summary of the discussions at that meeting was compiled by the City staff
[EXHIBIT225]. Additional public comments were received from the South Bainbridge
Community Association after that community meeting [EXHIBIT227]. All public comments
were considered by the Planning staff in their environmental review for preparation of the MDNS
issued on May 5, 2003 [EXHIBIT247]. As a part of that environmental review, the City staff
considered the specific probable adverse environmental impacts that this proposed subdivision
development would have on the undeveloped parcel. The City required these project impacts to
be addressed by environmental consultants. The project was reviewed by public agencies.
Recommendations for specific conditions to be attached to the project to mitigate probable
impacts were included in the reports of Shannon and Wilson, Inc. Geotechnical Engineers
[EXHIBIT 130], Ion Dueker, Consulting Biologist [EXHIBIT 11], Open Space Management Plan
prepared by Urban Forestry Services, Inc. [EXHIBIT 9], and Stormwater Drainage Reports
prepared by ADA Engineering [EXHIBITS 14 AND 135]. The proposal has been reviewed by the
Bremerton-Kitsap County Health District, the Washington State Department ofFish and Wildlife
and the Bainbridge Island Fire Department, each of which have made specific recommendations
for the development of this project. A Cultural Resource Survey prepared for the Port Blakely
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development was also submitted by the applicant [EXHIBIT 36]. A Wetland Buffer Mitigation
Plan [EXHIBIT 13RI was prepared by Jori Ducker to support the proposed utilization of the
existing utility maintenance road for subdivision access. These documents, as well as other
supporting documents filed by the applicant, provide adequate information on which the SEPA
responsible official could base a threshold determination and determine that this project's adverse
impacts can be mitigated. Specific adverse impacts have been identified in the supporting
environmental documents considered by the City and mitigation measures have been adopted as
conditions of approval for this project. Development regulations previously adopted by the City
will also address many of the impacts identified in the environmental review. Compliance with the
City's Critical Areas Ordinance will establish protective buffers around wetlands and streams
located on the property and prevent development within regulated areas. MDNS conditions
address steep slopes (Conditions 7), wetlands (Conditions 9, 11, 12, 16, and 17), stream buffers
(Conditions 9 and 10), seismic faults (Conditions 2 and 7), aesthetics (Conditions 24 and 25),
traffic (Condition 30), aquatic resources (Conditions 9, 10, 11 and 12), water quality (Conditions
5, 9, 10, 11 and 12), wildlife and its habitat (Conditions 10, 13 and 15), stormwater drainage
(Conditions 2, 3, 4, 5, 12 and 14), changes in hydrology (Conditions 2, 3, 4, 5 and 12), erosion
(Conditions 3, 4 and 5), and the placement of septic tanks (Condition 21) [See EXHIBIT247 -
MDNS]. The administrative record reviewed by the Hearing Examiner supports the City's review
of the environmental documents submitted by the applicant and the City's independent evaluation
of the applicant's responses, as required under SEPA. Other agency comment and public
comment were requested and considered during the environmental review. The City has met the
procedural requirements of SEPA in its environmental review of this project.
17. The FWHA and SRHA assert in their appeal that the SEPA Responsible Official failed to
take into account the cumulative impacts of all phases of this project on stormwater flow of
wetlands, hydrology, asthetics and traffic. The appellants assert that the City is authorizing this
project in a piecemeal fashion and has not considered the environmental impacts of the total
project. The Hearing Examiner finds, after a review of the hearing record and receiving testimony
at the public hearings on June 30th and July 18, 2003, that the City has conducted its
environmental review of the whole project and not in a piecemeal fashion. Mr. Green testified
that he will develop all phases of the project, beginning with Phases III and IV in the southern
portion of the parcel. The consultants' reports address the total build out proposed by the
applicant and assess the environmental impacts expected from the entire project.
18. The appellants also assert that the project will directly impact a Category II wetland
located in the southern portion of the parcel by crossing this wetland with an access road for lots
to be developed in Phase III (2% wetland encroachment). The appellants' Wetlands Consultant,
Dr. Sarah Cooke, testified that road improvements which included widening the road and paving
the surface would increase impacts on the wetland and its buffer from increased runoff and
stormwater pollutants. Dr. Cooke recommended additional mitigation measures to protect water
quality in the wetlands. Dr. Cooke recommended expansion of the biofiltration swale along the
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roadway and amendments to the Wetland Mitigation Plan to include more wetland plants and to
reestablish a hydrologic connection between the two parts of the wetland crossed by the roadway.
Compensation is also recommended for the loss of wetland buffer area crossed by the roadway.
Mr. Jon Dueker, the consulting Wetlands Biologist retained by the applicant, stated that he
prepared a Wetland Buffer Enhancement Plan that did not include wetland plantings because the
Washington State Department ofFish and Wildlife (WSDFW) recommended against further
disturbance to the wetland for purposes of mitigating the wetland impacts [EXHIBIT22R]. Mr.
Dueker stated that, in his opinion, the road improvements now sought by the applicant would
cause no additional loss of wetland acreage or habitat and would not reduce the water storage
capacity of the wetland or diminish the tree canopy. The existing road was built under an RUE
issued by the City in 2000. Mr. Dennis Reynolds, Attorney for Mr. Green, stated on his client's
behalf, that Mr. Green would assume responsibility for full compliance with the mitigation
conditions of the prior RUE. Many of the impacts addressed by Dr. Cooke are impacts which
remain unmitigated after the installation of the waterline easement road in 2000. The appellants
have made no showing of any impact on the hydrology of the wetland from the road improvement
project proposed by the applicant. Probable adverse impacts to the wetlands from polluted
stormwater runoff from the newly paved road surface are mitigated by the installation of catch
basins and biofiltration swales along the roadway to intercept stormwater runoff There is some
evidence in the record that the road, as presently constructed, does not meet the limitations placed
upon the construction by RUE 06-30-99-1 [See Testimony of Dr. Sarah Cooke]. Mitigation
required by that RUE has not been completed. The City has not pursued code enforcement
action. The Wetlands Advisory Committee has recommended that the new RUE application filed
by the applicant be granted [EXHIBIT27R and 75R]. The Wetland Advisory Committee
concluded that the pollution runoff from the newly paved road could be captured and diverted
into an infiltration gallery on the north side of the road. The Committee found that the
topography on the site is such that there is adequate elevation to capture and divert the
stormwater runoff to a sump that will filter the water into the soil before it reaches the wetland.
A topographical survey will be required for the engineered design of the new roadway. The
original maintenance roadway was not engineered to meet City of Bainbridge Island Residential
Road Standards. Alterations to the roadway will require replacement of the road bed, however,
construction activities will take place within the existing road prism. This waterline maintenance
road path was selected in part because of the existence of an old logging road along this same
route [Testimony of Steve Morse andScott Shelton]. Culverts were placed under the roadway to
hydrologically reconnect two parts of the wetland which had been segregated by the logging road
[See Testimony of don Dueker]. Identified probable impacts to the wetland and wetland buffer
from the improvement of this maintenance road can be mitigated through stormwater controls and
water quality treatments on site, so that the new roadway will not create any new direct impacts
to the wetland or its buffer. Water quality monitoring is required (Condition 12).
19. The appellants assert that proposed walking trails designated on the Site Plan are to be
built within the seasonal stream channel located in the center of the property. The applicant has
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testified that the trails depicted on the Site Plan are approximate locations and that the final
locations for permanent trails have not yet been determined. The topography of the site will
determine where the proposed trails can be built. BIMC 1620.090(G)(2) allows low intensity
passive recreation pervious trails to be built in the buffer zone for wetlands and streams. No trails
systems will be built within the stream channels or wetlands identified on the property (Condition
48). The trails will be maintained by the subdivision developer and eventually by the
Homeowners' Association. The trails will connect with waterfront trails off-site. [Testimony of
John Green]
20. The appellants assert that the project does not meet the requirements of BIMC 16.20
because it fails to minimize impacts to critical areas. The Hearing Examiner finds that the project
has been designed to minimize impacts to critical areas on the property. These critical areas have
been identified in a Wetland Delineation Report [EXHIBIT 28] and have been identified on the
Site Plan by the project engineers [EXHIBIT265]. All development proposed on this parcel, with
the exception of the southern road crossing and a detention pond outlet pipe, will take place
outside of all critical areas. The critical areas and buffer areas will be preserved and protected in
privately owned common areas set aside in the subdivision.
21. The appellants assert that the City has failed to ensure that the roads and utilities in the
proposed project will be meet seismic standards. SEPA Condition No. 2 requires that all
construction plans must contain the endorsement of the Geotechnical Engineer prior to clearing or
grading for roads, drainage facilities, trails, or other subdivision improvements. All
recommendations contained in the Shannon and Wilson, Inc., Geotechnical Report have been
made conditions of approval. Review by the City Engineer of construction of all roadways and
utilities in the Plat is required as a condition of approval. Dr. Stan Boyle testified that a
Geotechnical Engineer will be on site during phases of construction in unstable areas, during wet
weather construction, retaining wall construction and during excavation for foundations. A list of
conditions for geotechnical consultation will be provided by Shannon and Wilson, Inc. (Condition
22. The appellants assert that the applicant's plan fails to address the hydrology of the site and
the stormwater erosion impacts. The Preliminary Drainage Plan submitted by ADA Engineering
and the Geotechnical Report submitted by Shannon and Wilson, Inc., address the issues of
hydrology and stormwater control. Specific conditions of approval have been attached to the
project to ensure that surface water quality degradation is avoided. (Condition 2,4,5,9,11,12, and
22).
23. The appellants also assert that the proposal requires a perimeter buffer to screen the
development from view from adjoining properties. This development has been designed using the
Flexible Lot Design Standards which requires a 25-foot building setback from all property lines.
No perimeter buffer requirements are included in BIMC 17.04. Planning staff has recommended a
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condition which requires a 15-foot perimeter buffer along the south property line where
neighboring property owner's views may be impacted. This buffer is required to be a full screen
vegetation buffer (Condition 24). Mr. Green testified at the hearing that he would agree to work
with Scott Baker to choose native trees and shrubs for the enhancement of the south boundary
line buffer. CC&R's have been adopted by the property owner which control the removal of trees
on the property. A 25-foot building setback requirement will be enforced at the time of building
permit application. Most significant trees on the property will be preserved in the extensive
designated open space tracts. Significant trees in the buffer area will be retained.
24. The appellants also assert that traffic issues on Fort Ward Hill Road have not been
addressed in the SEPA review. The applicant has agreed to dedicate additional right-of-way for
Fort Ward Hill Road (approximately 250 feet to Country Club Road) (Condition 40). The City
Engineer has determined that a traffic study is not required for this project and a Concurrency
Certificate has been issued. The SEPA Responsible Official determined that the Level of Service
(LOS) on Fort Ward Hill Road would not be diminished below acceptable standards as a result of
this project. No other traffic issues have been identified by the appellants. A transit turnout, bus
shelter and a bicycle rack for 25 bicycles will be installed at the intersection of Stormy Weather
and Fort Ward Hill Road.
25. The appellants assert that the City has not considered impacts from the placement of septic
systems on the lot. The City submitted this Preliminary Plat application to the Bremerton-Kitsap
County Health District (Health District) for review and approval. The Health District has
recommended that this Plat be given preliminary approval with certain conditions. Health District
approval is required for an on-site septic system for each lot in a development phase before final
plat approval will be granted on any phase of the project (Condition 21). Two septic design
experts testified at the Public Heating. Mr. Dave Martin was retained by the applicant to design
septic systems for the lots. It was his opinion that using current design methods, each lot could be
served by an individual septic system. Mr. Charles Pollmar was called by the appellants. It was
his recommendation that a sand filter system would be the most reliable on these lots. He stated
concerns about the size of lots proposed in the subdivision and their adequacy to accommodate
drainfields and reserved drainfields, along with a personal residence. Mr. Pollmar recommended
that the trenching for drip irrigation systems should be designed away from significant trees on the
lots. A similar concern was voiced by Scott Baker, an arborist.
26. Mr. Green agreed to all Conditions of Approval recommended by the Planning staff,
including the SEPA conditions. He recommended two additional conditions: 1. Eliminate the
road encroachment on the west side of the Category II wetland buffer near the Phase IV
development. Stakes would be placed along the buffer boundary to protect the area from
encroachment; 2. Enhance the perimeter buffer along the south property line, as required by
Condition 24, with native trees and shrubs recommended by Arborist Scott Baker.
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27. The Reasonable Use Application seeks approval for installation of a 12-inch diameter
outlet pipe from the Phase III detention pond. The pipe will extend from the southeast comer of
the detention pond to a creek located approximately 80-feet east of the pond limits. The pipe will
follow an east-oriented alignment from the outlet structure. The pipe is to be buried and installed
using open cut methods by excavating a trench in which to install the pipe. A T-diffuser will be
installed at the pipe outlet to distribute outflow and decrease erosion potential. Stan Boyle, PE,
PhD, of Shannon and Wilson, Inc. reviewed this proposal in a memorandum filed in support of the
application [EXHIBIT 60RI. Dr. Boyle stated, that in his opinion, the slopes along the alignment
of the proposed outlet pipe are stable and would continue to be stable after installation of the
proposed outlet piping. Installation of the pipeline would not increase the risk of slope instability
affecting the subject property, or adjacent properties, provided the pipe is installed in accordance
with the recommendations presented in Dr. Boyle's December 20t~, 2002 Memorandum and in the
Preliminary Geotechnical Engineering Report of Shannon and Wilson, Inc. dated November,
2002. The buffer area disturbed during this outlet pipe installation will be revegetated for erosion
control.
28. Wetland and wildlife marker signs will be installed along wetland boundaries to notify trail
users and residents of the subdivision of protected areas on the site. DPCD approval is required
prior to sign installation. An example of the signage was included in the record as EXHIBIT284.
29. The appellants retained Mr. Scott Baker, an Arborist, to visit the site and make
recommendations for protection of forested areas on the site. Mr. Baker recommended that only
native plants be used for enhanced screening in the perimeter buffers. Mr. Baker recommended
that the applicant adopt a Tree Protection Plan and a Tree Retention Plan for the subdivision.
This Tree Protection Plan would identify a soil zone which should be maintained around trees to
protect the understory environment and the tree root system. Mr. Baker testified that the trenches
necessary for septic system installation could damage tree roots. He recommended that heavy
equipment not be used around significant trees. In his opinion, a Tree Retention and Protection
Plan is necessary to avoid significant impacts to the tree canopy now existing on the site. Mr.
Baker also recommended that the buffer along the south property line include as many significant
trees as possible and that the buffer boundary lines be adjusted to include significant trees, rather
than being drawn as a 15-foot line parallel to the fence line.
30. An Osprey nest has been identified on adjoining property. A 660-foot radius protection
area has been recommended by the WSDFW. This protection circle for priority habitat would
include areas in Lots 4, 5, 6, 7, and 8.
31. The public use and interest will be served by the platting of this subdivision. The site is
appropriate for residential development, if developed in accordance with the recommended
Conditions of Approval. The site is zoned R-0.4 which allows one house per 2.5 acres. This
parcel is more than 62-acres in size. Twenty-five lots are proposed for the subdivision. Adequate
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public and private facilities will be constructed prior to final plat approval to develop this property
for single-family residential use.
34. On June 30, 2003 a public hearing was held before the Hearing Examiner to consider the
application. The public hearing was continued to July 18, 2003. The Hearing Examiner visited
the subject property on June 30, 2003. Prior to the hearing, notice was published in the
Bainbridge Review on June 11, 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 May 29, 2003; notice was posted at the
subject property on June 10, 2003. [EXHIBIT270]. The record remained open until July 31,
2003 for the submission of additional documents.
CONCLUSIONS OF LAW
1. This application for Preliminary Plat approval and Reasonable Use Exception is properly
before the Hearing Examiner pursuant to jurisdiction established in BIMC 17.04.093 and BIMC
2.16.110. The appeal of the SEPA MDNS is properly before the Hearing Examiner pursuant to
jurisdiction established in BIMC 16.04.170. Adequate legal notice was given prior to the public
hearings held on June 30, 2003 and July 18, 2003. At the request of the appellants and the
applicant, the hearing record remained open for the submission of additional briefing and exhibits
until July 31, 2003. The Hearing Examiner made a site visit to the property on June 30, 2003 in
the company of Mr. Green, Mr. Vancil and Ms. Sally Adams. Notice of Complete Application for
this subdivision was published by the City on April 13, 2002. Processing of this subdivision
application was not precluded by the City's Subdivision Moratorium adopted August 12, 2002
An earlier moratorium on new subdivisions (Ordinance 2001-18) was in effect when the
preliminary application was filed on June 6, 2001; that moratorium expired. The subject
application was determined to be complete as of October 26, 2001 [EXHIBIT82].
SUBDIVISION
2. BIMC 17.04.094 sets forth the decision criteria for approval of a subdivision application.
3. BIMC 17.04.094.A.l.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;
The applicant has proposed a subdivision plan which includes internal access roads to
connect the four developed areas in the parcel to Fort Ward Hill Road. The applicant has agreed
to construct and improve these internal access roads to meet the City of Bainbridge Island's
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Roadway Design and Construction Standards. These internal roadways will be dedicated to the
City of Bainbridge Island as public streets. In addition, the applicant has voluntarily dedicated a
portion of his property abutting Fort Ward Hill Road to the City for the future improvement of
Fort Ward Hill Road between the access driveway to this subdivision and Country Club Road. A
transit bus turnout and bus passenger shelter have been proposed along Fort Ward Hill Road, near
the entrance to the subdivision. The City Engineer has determined that the roadways, if
constructed as conditioned, will be adequate to provide safe access for residents of this
subdivision. No traffic study was required because the City Engineer determined that the
anticipated traffic would not degrade the Level of Service (LOS) presently available along Fort
Ward Hill Road.
4. BIMC 17.04.094.A.l.b: The Subdivision may be approved or approved wtth
modification if' 1. The preliminary s~ubdivision 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;
Appropriate street names, signage and mailbox locations will be designated by the
applicant and approved by the Department of Public Works and the Building Department prior to
final plat approval (Condition 39). Individual mailboxes will be erected at each of the individual
lots in the subdivision.
5. BIMC 17.04.094.A.l.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;
Residents of this subdivision will have access to the transit shelter and bus turnout
proposed along Fort Ward Hill Road. Kitsap Transit provides public transportation on a regular
schedule along Fort Ward Hill Road and will service this new transit stop when established.
6. BIMC 17.04.094.A. 1 .d: 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;
The applicant has agreed to provide pedestrian trails throughout the plat.' A preliminary
location for those trails has been designated on the site plan [EXHIBITS 125 and 265].
Pedestrian walking areas will be available along the shoulders of all internal roadways. All
pedestrian improvements associated with each phase of the plat, will be installed prior to issuance
of the first residential building permit within each respective phase of the plat (Condition 28). To
provide safe pedestrian access recreation within the subdivision, the applicant will develop a 4-
foot wide trail with pervious surface of gravel layered 3-inches deep or more, as detailed in the
Bainbridge Island Park District's Trails Master Plan. These trails will be located in the designated
open space and may be located within buffer areas designated for critical areas within the open
space (Condition 28.).
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7. BIMC 17.04.094.Al.e: The Subdivision may be approved or approved with
modification if: 1. 7he preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: e. Other public
ways leading to and providing access to and within the subdivision;
Access to this subdivision will be by pedestrian trail and by newly dedicated public roads
which connect to Fort Ward Hill Road. Fort Ward Hill Road has been designated as a collector
street on the Functional Road Classification Map in the Comprehensive Plan. No other public
ways lead to, or provide access to the subdivision.
8. BIMC 17.04.094.A.l.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 assessed on each lot in the subdivision. One half of the school
impact fees will be assessed at the time of final plat approval and one half of the fees on each lot
will be assessed at the time of building permit issuance for structures on that lot (Condition 31,).
School impact fees will provide the funds necessary for the maintenance and acquisition of school
grounds.
9. BIMC 17.04.094.A. 1.h, i. j. & k: 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;
Open Spaces: This subdivision sets aside 80% of the subject property as open space. This
open space is contained in large contiguous areas around identified critical areas on the site.
Individual lots will be limited to 4,000 sq.ft, of impervious surface coverage, unless engineered
drainage plans allowing greater coverage are approved by the City Engineer. A full screen
vegetation buffer will be maintained along the south property line, near Lots 5, 6 and 7 of Phase
III, and Lots 3 and 4 of Phase IV. Significant trees and vegetation in the open space will be
maintained through a homeowners association (Condition 35). CC&R's will be adopted by the
homeowners association to regulate maintenance and protection of the commonly held open
space. An Open Space Management Plan has been filed by the applicant [EXHIBIT9]. A final
plan will be submitted and approved by the Director of DPCD prior to final plat approval
(Condition 25 and 35).
Parks: Blakely Harbor Park and Fort Ward State Park are both within one-half mile of the
proposed subdivision. In addition, more than 49-acres of open space will be maintained on the
parcel with access over pervious trails throughout the open space. This will provide a park like
setting for passive recreation by residents of the subdivision and others in the neighborhood. Mr.
Green has indicated that these privately owned pedestrian trails will remain open to the public
during development.
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Recreation facilities: The applicant has proposed a community recreation area near Phase
I on the Site Plan. This recreation area will include picnic facilities, a play structure for
neighborhood children, and an area for active play (Condition 27).
Playgrounds: The lots in this subdivision will be clustered in four separate development
areas, on small lots clustered together. All proposed lots are greater than 12,500 square feet in
size. A small yard area may be available on each lot, depending on the size of the home plan for
the lot. The central recreation area will provide a gathering place for active play for children and
other members of this community.
10. BIMC 17.04.094.A. 1.1 & m: Tbe Subdivision may be approved or approved witb
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;
Fire hydrants will be located on the internal access roads within the subdivision. The
location of those fire hydrants has been approved by the Bainbridge Island Fire District [EXHIBIT
152]. The Fire Department has recommended approval of the Preliminary Plat, provided all
access roads are constructed to the City's Road Design Standards and do not exceed a 12%
maximum grade. The Fire Department has determined that adequate fire flow is available in the
area through water service provided by Island Utility.
11. BIMC 17.04.094.A.l.n; Tbe Subdivision may be approved or approved with
modiftcation 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 retained ADA Engineering to design a stormwater drainage system for
the subdivision. This system will include stormwater detention ponds in several areas throughout
the plat. All lots in the subdivision will connect to this stormwater management system. No on-
site water infiltration is proposed for developed lots. The applicant will improve the roadways
existing on the parcel to meet COBI Suburban Residential Road Standards. These improvements
will include installation of biofiltration swales and catch basins to capture road runoff and ensure
water quality protection for critical areas on the site. The Preliminary Stormwater Drainage Plan
has been reviewed and approved by the Department of Public Works.
12. B1MC 17.04.094.A.l.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, includingpotable water; p. Sanitary waste.
Island Utility will provide potable water to this subdivision. On-site septic systems are
proposed for each lot in the subdivision. The Health District has granted preliminary plat
approval, but will require approved septic designs for each lot prior to final plat approval. The
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Health District has cited concerns about the size of the lots and the conditions of the soil,
recommending that the developer reduce the number of lots in the subdivision so that individual
lots will be larger and better able to accommodate a modern family home along with a septic
drainfield and reserve drainfield as required.
13. BIMC 17.04.094.A.2: The Subdivision may be approved or approved with modification
if: 2. The preliminary residential subdivision has been prepared consistent with the
requirements of the flexible lot line process and applicable Jlexible lot standards;
The proposed plat has been prepared consistent with requirements of the flexible lot
design process. The applicant has clustered the 25 residential lots allowed on this parcel into four
separate areas, with the remaining 80% of the parcel being designated as common open space.
Critical areas have been identified on the site and those critical areas along with their required
buffers have been included in the undeveloped open space. Existing vegetated buffers along Fort
Ward Hill Road and County Club Road will be preserved, except for the access entrance and bus
pullout on Fort Ward Hill Road. The new development has been separated into several small
clusters to minimize impacts on critical areas located on the parcel. Drainage protective measures
have been provided to avoid interference with fisheries and water quality. A Geotechnical
Engineer has identified areas which are geologically hazardous. Those areas have also been
included within the undeveloped open space and development has been set back an appropriate
distance, to ensure a factor of safety for residential uses.
14. BIMC 17.04.094.A.3: The Subdivision may be approvedor approvedwith mod~cation
if: 3. Any portion of the subdivision which contains a critical area, as defined in Chapter ]6.20
BIMC, conforms to all requirements of that ordinance;
This proposal conforms to all requirements of BIMC 16.20. The applicant is providing
the required buffers around all regulated wetlands, except for the area now developed as the
waterline maintenance road. This area will be improved and wetland mitigation will be completed
as required by the conditions of approval. This parcel contains two Category IV streams and one
Category V stream. The stream buffers for those regulated streams are being maintained in a
natural undisturbed state, except for the installation ofa stormwater conveyance line and energy
dissipater near the stormwater detention pond in Phase III. The Toe Jam Hill Fault crosses this
parcel from east to west. Portions of the internal access road cross this fault line. The
Geotechnical Engineer's Report gives specific recommendations for construction in those areas.
The Stormwater Management Plan is designed so that the development will not increase the rate
of surface water runoffor increase sedimentation in the streams or wetlands. The Geotechnical
Report certifies that the development will not increase the geological hazard for adjacent
properties. An Osprey nest has been identified near this parcel. Areas within this parcel are
included in a recommended protection zone for this priority species. The recommendations of the
WSDFW for management for this priority species habitat were considered by DPCD in drafting
Condition No. 33. To protect Osprey during its critical nesting period, grading and exterior
construction activities within 660 feet of the nest tree are prohibited between April Ist and July
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15~ of each year.
15. BIMC 17.04.094.A.4: The Subdivision may be approved or approved with modification
if' 4. Thesubdivisionreasonablymaintainsandprotectsproductiveagriculturalusesinthe
vicinity of the property, including complying with BIMC 16. 20.180;
There are no productive agricultural uses on this property and no agricultural uses have
been identified in the vicinity of this project site.
16. 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 has retained geotechnical and stormwater consultants to help in the design
of the proposed subdivision and to certify the location of home sites, roads and drainage facilities
on the site. The location of home sites, stormwater facilities and roads has been outlined on
EXHIBIT265. The building envelopes and drainfield envelopes shown for each lot have been
verified by the Geotechnical Engineer and factors of safety have been computed for ground
instability for building envelopes, drainfield envelopes, roadway alignments, retaining walls and
detention pond embankments. A Preliminary Stormwater Drainage Plan has been submitted by
ADA Engineering and has been approved by the Department of Public Works in accordance with
the regulations ofBIMC 15.20 [EXHIBIT 135 and 268].
17. B1MC 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 proposal has gone through several revisions. The design now proposed
and conditioned is compatible with the physical characteristics of the site. The home sites have
been located in accordance with the recommendations of the Geotechnical Engineer and are
outside all wetlands, streams and associated buffers. The final plat design and approval will be
contingent on Health District approval o£individual on-site septic systems for each lot (Condition
2/). The applicant proposes 25 residential lots on this 62-acre parcel which meets the density
allowance of BIMC [Staff Report, Pg's 38 and 39, EXHIBIT 272]. The maximum density may
not be allowed due to the poor soil conditions on the site. The applicant's septic system
consultant appeared confident that, with the newly approved sand filter drip irrigation septic
system, each lot in this subdivision will be able to receive Health District building site approval.
Access to the separate residential areas will be by an internal roadway built outside all critical
areas and their buffers, with the exception of a buffer and wetland crossing on the southernmost
portion of the parcel. This buffer and wetland encroachment was approved by RUE 06-30-99-1.
The applicant will improve the existing maintenance road to Residential Suburban Road Standards
for dedication to the City. A Wetland Mitigation Plan [EXHIBIT 13RI has been submitted to
compensate for impacts caused by that encroachment. The Stormwater Drainage Plan includes
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storm drainage facilities along the roadway to capture stormwater runoff from the newly paved
roadway, to avoid contamination of water in the wetlands.
18. 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 application for subdivision complies with all applicable provision of BIMC including
the subdivision provisions. The subdivision meets the decision criteria of RCW 58.17. The Public
Works Department has reviewed this project for consistency with BIMC 15.20 and 15.21, and for
consistency with other applicable state and federal regulations and has recommended preliminary
plat approval. The Wetland Advisory Committee has reviewed the application for Reasonable
Use Exception which seeks to improve the existing waterline maintenance road and install a
stormwater transmission line and energy dissipater in a wetland buffer. The Wetland Advisory
Committee has recommended approval of the applicant's proposal based on the Stormwater
Drainage Plan submitted for review.
19. BIMC 17.04.094.A.8: The Subdivision may be approved or approved with modification
if: 1. The proposal is in accord with the city's comprehensive plan;
The Staff Report lists the applicable Comprehensive Plan Goals and Policies which apply
to this land use project. Since this is a flexible lot subdivision, the policies of OS 1.10 apply to this
project. This subdivision has been designed to meet the provisions of this Comprehensive Plan
policy. The applicant is proposing large open space tracts which protect critical areas on the site.
Significant trees will be protected in the open space and provisions have been included for a
unauthorized removal of significant trees on the site (Condition 15). Both public and private
pedestrian trails will be developed by the applicant to provide pedestrian access through this
subdivision. The Comprehensive Plan's Non-Motorized Transportation Plan identifies trail
segments on this property. The applicant will develop pedestrian pathways within the plat to give
subdivision residents access to neighborhood trails. The homeowners' association will be
responsible for the maintenance of all passive recreation trails in the subdivision. The applicant
has been in contact with the Bainbridge lsland Parks and Recreation District and has voiced his
intention to coordinate his trail system with a trail system established on other parcels by the Park
District. The applicant has voluntarily agreed to dedicate a portion of his property along Fort
Ward Hill Road, to contribute to future improvements on that collector street. A stormwater
detention system has been designed for the plat to ensure that pre-development flows are
maintained. Each lot will have its own septic system. The design for those septic systems must
be approved by the Health District prior to final plat approval. With these improvements,
adequate public facilities and amenities will be provided for the subdivision. The topography of
this forested site does not support agriculture. This property is surrounded by properties which
have been zoned for residential use. The development of this 62-acre parcel for a residential
subdivision is consistent with the policies of the Comprehensive Plan and the zoning ordinances.
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20. 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 destgn when possible;
This subdivision proposal is designed to retain 80% of this forested site in undeveloped
open space. Existing native vegetation will be retained throughout the open space. An Open
Space Management Plan has been submitted which has maintenance and protection provisions for
the commonly held open space through a homeowners' association. The applicant will plant 200
trees along the internal roadways within the plat, to replace a portion of the tree canopy lost
during road construction. A Wetland Buffer Enhancement Plan has also been submitted for areas
of road encroachment into the wetland buffer for the Category II wetland. A full screen
vegetation buffer will be planted along the south property line to help screen this clustered
development from other large lot development on surrounding properties. A Tree Protection Plan
will be required (Condition 49).
21. 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 Plat has been reviewed by the Department of Public Works which has
given preliminary approval to the Stormwater Management Plan proposed by the applicant. This
stormwater management system will be in place prior to final plat approval. Further review and
approval by the Public Works Department will occur as the project is developed. The City
Engineer has issued a Certificate of Concurrency for this project. The City Engineer determined
that the LOS on Fort Ward Hill Road will not exceed the LOS minimum required by the
Comprehensive Plan. The applicant will dedicate additional right-of-way along Fort Ward Hill
Road as contribution to future improvements for that collector street. Roads within the
subdivision will be developed to the City's Residential Suburban Road Standards and will be
dedicated to the City. This road system will ensure that residents of this subdivision have safe and
adequate passage to the public right-of-way on Fort Ward Hill Road. Until dedicated to the City,
a road maintenance agreement will be required to maintain all internal access roads.
22. 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.
Written findings have been made that the public use and interest will be served by the
platting of this subdivision for single-family residential use (Finding 31). The development of the
site as proposed is consistent with the Zoning and Comprehensive Plan designations for the
property. Surrounding properties are similarly developed. This subdivision will provide
additional housing for Bainbridge Island's growing population. The subdivision will be developed
in accordance with city, state and federal regulations.
23. B1MC17. 04. 094. C : In makmg a determination of approval, approval with modifications
or disapproval using the subsections A and B of this section, the.following additional factors
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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
neede&
This Preliminary Plat has been appropriately conditioned to ensure that all public and
private facilities and improvements on the site, necessary to provide for the proposed subdivision,
will be available when needed. The internal access road will be developed consistent with the City
of Bainbridge Island's Roadway Design Standards and will be dedicated to the City upon
completion. Island Utility has agreed to provide potable water to the subdivision. The Fire
Department has verified that adequate fire flow will be available at the new hydrants installed to
provide fire protection. Recreation trails will be built for pedestrian access to and through the
subdivision. Transit stops and service are available along Fort Ward Hill Road. Kitsap Transit
will provide public transit for residents of the subdivision. Electric and telephone service are
readily available in the vicinity and can be extended to this property. Stormwater control facilities
will be built prior to final plat approval. The preliminary plan for these facilities has been
reviewed and recommended for approval by the Department of Public Works. On-site septic
systems for each lot must be approved by the Health District prior to final plat approval. This
development will be developed in phases beginning on the southern portion of the property.
Public and private improvements, facilities and infrastructure, on and offthe site, that are required
for the subdivision will be completed and 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.
24. BIMC 17.04.094.C.2: In making a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: ....2. Proposed new utilities,
facilities and service& 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;
Island Utility has agreed to provide potable water to this subdivision. Island Utility has
determined that it has adequate water available to service this subdivision. Sewage disposal
systems will be designed for each lot and approved by the Health District prior to final plat
approval. On-site stormwater facilities designed with detention ponds and a metered release
system will ensure pre-development flows are maintained, lnternal access roads will be
constructed to City of Bainbridge Island Road Design Standards for Residential Suburban Roads
and dedicated to the City a~er completion. The addition of 250 average daily trips from this
subdivision will not change the LOS level on Fort Ward Hill Road, the nearest collector street.
Telephone and electric service are readily available in this area for extension to homes built in the
subdivision. The additional use of these utilities, facilities, and services will not degrade the
existing level of operation or use of those utilities, facilities, and services below accepted
standards.
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25. BIMC 17.04.094.C.3: In making a determination of approval, approvalwith
modifications or disapproval using the subsections ,4 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 ridgelines on this property will be preserved and properties adjacent to the housing
clusters will be screened with open space and existing vegetation, or with an enhanced vegetation
buffer. With the exception of the intersection of the subdivision access road with Fort Ward Hill
Road and the adjoining bus turnout and transit shelter, the forested vistas along Fort Ward Hill
Road and NE Country Club Road will be retained. Developed areas in Phases I and II are
separated from the roadway by designated open space. Users of Bakely Harbor Park will
continue to enjoy a forested vista when looking toward this parcel across Country Club Road.
Development clustered on the south portion of property will be built closer to the property line.
Forested views to the property for adjoining neighbors to the south will be changed by this
development.
26. 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;
Consideration has been given to the forested character of this large undeveloped parcel.
Eighty percent of the forested area will be retained in undeveloped open space. All regulated
streams and wetlands are protected. A majority of the significant trees on the property will be
protected in the open space areas. Maintenance of these open space areas in native vegetation
will help provide watershed protection, groundwater recharge, climate moderation, and air
purification for the public health and welfare, as is required by BIMC 17.04.094.C.4. A Tree
Protection Plan and an Open Space Management Plan are required. (Conditions 35 and 49).
27. BIMC 17.04.094.C.5: In making a determination of approval, approvalwith
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: ...5. Existing habitat carrying
capacity of the property by providing wildlife corridors, and by preserving areas used for
nesting and foraging by endangered, threatened or protected species to the extent consistent with
the proposed new use.
The habitat carrying capacity of this property is being preserved by the protection of more
than 49-acres of forested terrain in undeveloped open space. An Osprey nest has been identified
on adjoining property. This project has been conditioned to preserve habitat and limit
construction within 660-feet of the Osprey nest, as is recommended by the WSDFW. There has
been no showing that the Osprey identified on adjoining property is sensitive to disturbance,
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however, to minimize activities within 660-feet of the identified active nest, the City has
recommended that grading and exterior construction activities be prohibited between April 1~t and
July 15th to protect Osprey during their nesting period. Since this nest is not located on the
subject property, several of the recommendations for habitat management included in the
WSDFW literature are not applicable to this property.
REASONABLE USE EXCEPTION
28. BIMC 16.20.0900)(4): Decision Criteria. ,~ Reasonable Use Exception may be
approved, or approved with modifications i. f without the Reasonable Use Exception the applicant
would be deprived of any reasonable use of property and:
(a~ the proposed activities will result in the minimum intrusion, alteration or impairment
of the wetlands, stream or required buffer including impacts to their functional characteristics,
while permitting some reasonable use of the property. In all cases, disturbance of the regulated
wetland or stream shall only occur if no reas'onable use can be achieved by disturbance of the
buffer only;
The applicant requests a Reasonable Use Exception (RUE) to allow improvements to an
existing waterline maintenance road built on the property after RUE 06-30-99-1 was approved by
the Director of DPCD on March 15, 2000. The applicant proposes to improve this roadway to
provide access to subdivision lots in Phase III of the development. The road will not be expanded
and all improvements will occur within the existing road prism. Stormwater runoffwill be
directed away from the wetlands, or will pass through biofiltration strips to protect the quality of
stormwater entering the wetland buffer. These proposed activities will cause minimal impacts to
the functional characteristics of the wetland. Mitigation measures required under RUE 06-30-99-
1 will be completed by the applicant. This roadway provides the only reasonable access to the
southeast corner of the site. Large areas of the southern half of the site are occupied by regulated
wetlands and streams, and their buffers. The applicant also proposes to install a stormwater
conveyance line and energy dissipater which extends eastward from the Phase III detention pond.
The conveyance line will be trenched by hand and revegetated [Testimony of John Green]. A
Geotechnical Engineer has determined that the slopes along the route of the proposed outlet pipes
are stable and will continue to be stable alter installation of the outlet piping. The installation of
the pipeline will not increase the risk of slope instability affecting the property or adjacent
properties. Permanent erosion control measures may be required at the T-diffuser if erosion
occurs. A Detention Pond Maintenance Program will be adopted. The stream buffer will be
replanted after pipe installation and should regain its functional characteristics after revegetation.
29. BIMC 16.20.090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved, or approved with modifications if without the Reasonable Ute Exception the applicant
wouM be deprived of any reasonable use of property and:
... (b) The proposed activities are located to minimize impacts to the continued existence
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Summit Subdivision Page -22- City of Bainbridge Island
of endangered, threatened, rare, sensitive, or monitor species as listed by the federal government
or the State of Washington;
An Osprey nest has been identified within 660-feet of the proposed stormwater
conveyance line. To protect that nesting site, the City has recommended that all construction
activities for the conveyance line occur outside of the critical nesting period of April 1't through
July 15m [Condition 33]. The stormwater conveyance line and energy dissipater, once installed,
will be buried underground and should have no impact on the Osprey nest on adjoining property.
30. BIMC 16.20.090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved, or approved with modifications if without the Reasonable Use Exception the applicant
would be deprived of any reasonable use of property and:
... (c) The proposed activities include mitigation as appropriate to avoid measurable
degradation to groundwater or surface water quality;
The internal access road within this subdivision will be built with stormwater management
controls and water quality devices that will mitigate ground and surface water impacts. The
energy dissipater on the storm water conveyance line will help control erosion and protect water
quality within the stream. The maintenance program for the stormwater detention system will
include inspections of the energy dissipater to determine whether erosion control measures are
required. A stormwater management system has been designed so that there will be no on-site
infiltration on any lot in the subdivision. Stormwater runofffrom the developed lot areas will be
tightlined to the detention pond system so that pre-development flow rates can be maintained.
31. BIMC 1620.090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved, or approved with modifications if without the Reasonable I/se Exception the applicant
wouM be deprived of any reasonable use of property an&
... (d) The proposed activities comply with all relevant state, local and federal laws,
including those related to sediment control, pollution control, floodplain restrictions, and on-site
wastewater disposal;
The applicant's plan for road improvements to the waterline maintenance road have been
reviewed by the Department of Public Works. Appropriate conditions for sediment and pollution
control have been required. The Department of Public Works has reviewed the proposed plan for
conformance with all relevant local, state and federal laws relating to sediment and pollution
control. Department of Public Works has recommended approval of this RUE to allow an
upgrading of the waterline easement road to Residential Suburban Road Standards to provide
access to lots in the subdivision. A stormwater management system will be installed to control
stormwater runoff from developed areas.
32. BIMC 16.20.090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved or approved with modifications if without the Reasonable Use Exception the applicant
wouM be deprived of any reasonable use of property and:
... (e) Alterations to wetland, streams and buffers will be mitigated to the extent feasible
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Summit Subdivision Page -23- City of Bainbridge Island
considering the extent of the disturbance, the size of the site and the nece.~xity for the proposed
activities;
A Wetland Buffer Enhancement Plan has been proposed by the applicant as mitigation for
the increased use and improvement of the waterline maintenance road to provide access to lots in
the southeast portion of the property. The Wetland Advisory Committee has reviewed the
proposal and has recommended approval of the RUE. The stream buffer area disturbed for the
installation of the stormwater conveyance line will be revegetated with native vegetation. The
WSDFW was consulted regarding additional mitigation for road encroachment into the wetland.
Road construction has caused a 2% encroachment on this large 5.25 acre wetland. WSDFW
recommended no further disturbance of the Category II wetland for enhanced wetland planting.
The applicant has agreed to complete all mitigation required under RUE 06-30-99-1, as well as all
mitigation required as a condition of this approval· The applicant has offered to move the access
road out of the west buffer area for the Category II wetland. Wetland water quality will be
protected by stormwater management facilities installed along the roadway.
33. BIMC 16.20.090(0(4): Decision Criteria. A Reasonable Use Exception may be
approved, or approved with modifications if without the Reasonable Use Exception the applicant
wouM be deprived of any reasonable use of property and:
· ..60 There will be no damage to nearbypublic orprivate property andno threat to the
health or safety of people on or off the property;
This project has been reviewed by Shannon and Wilson, Inc. The Geotechnical Engineers
concluded that if the roadway improvements and stormwater conveyance line are installed in
accordance with the recommendations of their reports dated November 2002 and December
2002, then no damage or threat to public health or safety is expected as a result of these
construction activities·
34. BIMC 16.20·090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved, or approved with modifications if without the Reasonable Use Exception the applicant
wouM be deprived of any reasonable use of property att&
...(g) The inability to derive reasonable use of the property is not the result of actions by
the applicant in segregating or dividing the property and creating the undevelopable condition
after the effective date of this chapter;
This RUE is required to allow a subdivision of the property to a density allowed under
current zoning ordinances· Wetland encroachment occurred when a logging road was built in this
same location many years ago. The logging road was upgraded under an RUE in 2000, so that it
could serve as a waterline maintenance road for Island Utility· Mr. Green later acquired the
development rights to this parcel from Port Blakley Tree Farms. The proposed increase in road
traffic requires improvement of the roadway to meet the COBI Roadway Design Standards· All
proposed lots within this development have been planned outside regulated wetlands, streams and
their required buffers· The presence ora large wetland on the southern portion of the property,
has created the need for this RUE to allow roadway access to proposed lots in the southeast
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summit Subdivision Page -24- City of Bainbridge Island
corner ofthe parcel. The 62-acre parcel contains a variety of critical areas, including geologically
hazardous areas which are unbuildable. If this parcel is to be developed at the density allowed
under the Zoning Code, this RUE for access road improvement is required. A stormwater
management system is required for development of lots on this parcel, The outlet piping from the
Phase III detention pond is essential to the system designed for the property.
35. BIMC 16.20.090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved or approved with modifications if without the Reasonable Use Exception the applicant
wouM be deprived of any reasonable use of property and:
... (h) The reasonable use exception will not allow a use or activity that is inconsistent
with the uses and activities and limitations of other properties in the vicinity and zone in which
the property is located;
This RUE will allow development of this large parcel for single-family residential use.
Neighboring properties have all been zoned for residential use and the properties to the north and
south have been developed consistent with that zoning. Properties on the east and west of the
parcel remain undeveloped, but are zoned for single-family residential use. This parcel has been
zoned R-0.4 which allows one house per 2.5 acres. Twenty-five residential lots included in this
subdivision are allowed under that density regulation.
36. BI/vIC 16.20.090(1)(4): Decision Criteria. A Reasonable Use Exception may be
approved or approved with modifications if without the Reasonable Use Exception the applicant
wouM be deprived of any reasonable use of property and:
... (i) For a nonresidentially zone site, the reasonable use exception should consider
alternative uses that minimize impacts to wetlands, streams, and buffers, as well as the
applicant's proposed use;
The subject parcel has been zoned for residential development and the proposed use is
single-family residential use.
37. BIMC 16.20.090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved or approved with modifications if without the Reasonable Use Exception the applicant
wouM be deprived of any reasonable use of property and:
... (]) The reasonable use exception is the minimum necessary to provide reasonable use
of the property;
The applicant wishes to development this 62-acre parcel within the limitations of its
zoning. Development on this parcel is restricted by critical areas throughout the site. The
proposed road and stormwater facilities improvements will allow access and infrastructure to
service 11 of the proposed 25 home sites within the subdivision. These home sites are located in
a portion of the property that the Geotechnical Engineer has designated as suitable for residential
development. The applicant must install a stormwater detention system to control stormwater
runoffon the site. The Health District has prohibited on-site infiltration systems on the lots due to
poor soils. The applicant has testified that access to the south portion of his property over this
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summit Subdivision Page -25- City of Bainbridge Island
maintenance road is essential to his reasonable use of the property for single-family residential
development. An RUE to allow improvement of this waterline maintenance road to Residential
Suburban Road Design Standards will allow the development of this property under the Flexible
Lot Design process.
38. BIMC 16.20.090(I)(4): Decision Criteria. A Reasonable Use Exception may be
approved, or approved with modifications if without the Reasonable Use Exception the applicant
wouM be deprived of any reasonable use of property and:
... (k) The reasonable use exception is consistent with all other provisions of this code and
is in accord with the comprehensive plan.
The Flexible Lot Design process is recommended by the Comprehensive Plan. This new
development has been designed to minimize environmental impacts on the site by separating lots
into four areas identified by the Geotechnical Engineers as suitable for development. Hillsides and
hill tops will be retained in open space to protect wildlife habitat on the site and retain the visual
landscape. The proposed subdivision has been designed to be compatible with the natural systems
located on the property and has been sited outside all regulated critical areas and their associated
buffers. All lots have been designed to create adequate areas for development of single-family
homes and their on-site septic systems. This RUE proposal has been reviewed by the Department
of Public Works for consistency with regulations for stormwater control and road design. The
Department of Public Works has recommended approval of this RUE. The Wetlands Advisory
Committee has also reviewed the proposal and recommended approval. The RUE is consistent
with all provisions of the BIMC and in accord with the Comprehensive Plan.
39. A SEPA MDNS was issued by the City on May 5, 2003. A timely appeal was filed by
FWNA and SRHA on May 21, 2003. The hearing record demonstrates that the City conducted
an extensive environmental review in a manner sufficient to comply with the procedural
requirements of the State Environmental Policy Act. The decision of the City to issue an MDNS
was based on information sufficient to evaluate this proposal's environmental impacts. All
probable significant adverse environmental impacts from this project were considered by the
Responsible Official. The MDNS imposed substantial mitigation measures on the project to
minimize environmental impacts to the site. The Director has determined that no EIS is required
for this proposal. The Hearing Examiner is required to give substantial weight to the decision of
the Responsible Official who makes the SEPA determination. The hearing record adequately
supports the Decision made by the Director and should be affirmed.
CONDITIONS OF APPROVAL
40. This Preliminary Plat application must be conditioned to ensure compliance with the
BIMC and the Comprehensive Plan. These conditions of approval will mitigate probable
significant impacts from the development of this property and ensure compliance with federal,
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state and city regulations. The recommended conditions are as follows:
SEPA Conditions:
1. The following note shall be placed on the final plat: Prior to any clearing,
or grading on individual lots, a clearing, grading, or building permit shall be
obtained from the City.
2. No clearing or grading for roads, drainage facilities, trails or other subdivision
improvements shall occur until a plat utilities permit has been submitted, reviewed
and approved by the City for the phase in which the work is to be completed. All
construction plans shall contain the endorsement of the Geotechnical Engineer
establishing that he/she has reviewed and approved the said plans to be in
conformance with his/her recommendations to the satisfaction of the City Engineer.
3. The following note shall be placed on the final plat: Each lot shall be limited to
4,000 square feet of impervious coverage (includes but not limited to: structures,
patios, roadways, gravel driveways, parking). If any lot exceeds the allowable
impervious surface limitation, engineered drainage plans will be required for the
individual lot. These plans shall address the additional required stormwater
detention and water quality for the project. This drainage design shall meet all the
recommendations of the geotechnical engineer and shall contain a concurrence for
said plans, establishing they will meet the recommendations.
4. All areas outside of the allowed impervious surface coverage shall be retained in
native vegetation, landscaped, or covered with mulch or straw prior to October 1 st
of each year.
5. Public Works finds that the proposed activity is likely to cause measurable
degradation of surface water quality without a proper temporary erosion and
sedimentation control plan (TESCP). Therefore prior to any construction within
this subdivision a TESCP shall be submitted and approved by the City.
Construction shall be restricted to the dates occurring between May 1 and
September 30 unless specifically allowed by the City Engineer and the
Geotechnical Engineer. The TESCP shall directly address wet weather conditions
that may occur during construction. A Certified Erosion Control Professional shall
be retained to oversee the project and shall be available 24/7 throughout
construction of roads, drainage facilities and other subdivision infrastructure.
(Reference Department of Ecology, Stormwater Management Manual, August
2001, see "Project management of SWPP-Element 12".)
6. All graded materials removed from the subdivision shall be hauled to and deposited
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sumrmt Subdivision Page -27- City of Bainbridge Island
at City approved locations (Note: local regulations require that a grade/fill permit
is obtained for any grading or filling of 50 cubic yards of material or more, and a
SEPA Threshold Determination is required for any fill over 100 cubic yards).
7. All recommendations contained in the Shannon & Wilson, Inc. geotechnical report
prepared November 2002 shall become conditions of approval. All construction
plans shall contain concurrence from a geotechnical engineer for said plans prior to
issuance of the permit. No field changes or modifications shall be made without
the Geotechnical Engineer's written approval. Prior to final plat approval, the
geotechnical engineer shall provide a list of specific requirements for construction
and maintenance within the plat, to be placed on the face of the plat, to the
satisfaction of the City Engineer. Indemnification/hold harmless agreements in
accordance with BIMC 1620.080(C)(g.) shall be provided for each building
permit within the plat.
8. To mitigate impacts on air quality during earth moving activities, contractors shall
conform to Puget Sound Clean Air Agency Regulations, which insure that
reasonable precautions are taken to avoid dust emissions. (Section 16.08.040, BIMC)
9. The construction staging areas shall be outside critical areas and their buffers.
Construction fencing or silt fencing shall be placed adjacent to critical area buffers
prior to issuance of any permit that allows clearing in the vicinity of critical areas buffers.
10. The wetland and stream buffers shall be identified with either a two-rail fence or
permanent signage at no less than 50-foot intervals. The signs, if used, shall
identify the area as a wetland and wildlife habitat that should be protected. The
fencing or signs shall be installed prior to final plat approval.
11. No Fertilizers, pesticides, or herbicides shall be used in the wetland/wetland buffer
or the streams and/or their buffers. The use of these products elsewhere on the
site is discouraged, but if necessary they shall used consistent with Integrated Pest
Management (IPM) strategies. Strategies are defined in the Puget SoundPest
Management Guidelines, A Guide for Protection of Our Water Quality [Menzies,
G. and B. Peterson. Puget Sound Pest Management Guidelines, A Guide for
Protecting Our Water Quality. Bellingham, Washington: WSU Cooperative
Extension, 1993].
12. Applicant shall enter into a third party agreement for a Water Quality Monitoring
Program in order to establish that the project is not adversely impacting the water
quality of streams or wetlands. The Monitoring Program shall be prepared and
performed by a qualified consultant not previously associated with the project. A
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qualified consultant shall be selected by the City and paid for by the Applicant
bound by a three party contract. A Baseline study shall be complete prior to start
of project construction. Monitoring shall occur 3 times per year (one dry season, 2
wet season) at 2 locations (inflow=one upstream of the project, one downstream
of the project). This portion of the program shall be ongoing until completion and
final acceptance of all infrastructures. After acceptance of infrastructure, the
monitoring shall continue with one wet season sampling. Responsibility for the
continuation of the Monitoring Program shall be assumed by the Homeowners
Association prior to permit issuance for the 13th residence. Contaminates of
concern for monitoring are, total fecal coliforms, lead, arsenic, chromium. Tests
shall include standard data set for temperature, DO, pH, turbidity. Test results
shall be submitted to the City for review. If results demonstrate degradation of
water quality then the applicant shall take appropriate corrective action as directed
by City Engineer.
13. In order to mitigate the impact on wildlife and the streams and wetlands on the
property, the delineated buffers shall be preserved in native vegetation. Removal
of invasive/non-native species may be permitted with a City approved replanting
plan indicating the type of vegetation being removed and the type and quantity of
native plants being provided. Replanting shall occur with shrubs on 3-foot centers
and native ground covers to provide complete coverage within three years.
Hazard tree removal may be allowed with appropriate City approval and replanting.
14. Removal of vegetation shall be the minimum necessary for the installation of the
stormwater conveyance line from the Phase III detention pond. The disturbed area
shall be replanted during the next available planting season following the
construction with native shrubs on a maximum of 3 foot centers.
15. To discourage the removal of wildlife habitat, significant trees that are removed
from designated protection areas without prior City approval will be subject to
fines and will be replaced with new trees as follows: New trees measuring 2 inches
in caliper if deciduous and six to eight feet high if evergreen, at a replacement rate
of 1.5 inches diameter for every one-inch diameter of the removed significant tree
or trees within a tree stand. The replacement rate determines the number of
replacement trees. The trees removed shall be replaced with trees of the same
type, evergreen or deciduous. The replacement trees shall also replaced in the
same general location as the trees removed.
16. The wetland buffer, in the vicinity of the road crossing shall be restored/enhanced
with native vegetation in accordance with the Wetland Buffer Mitigation Plan
Prepared by Jon K. Ducker, Dated October 2001.
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17. The wetland buffer restoration shall be monitored for a period of 3-years as
described in the Jon K. Dueker Wetland Buffer Mitigation Plan dated October
2001. Summary reports shall be prepared and submitted to the City on an annual
basis following the planting.
18. In accordance with the application, a minimum of 200 trees, eight trees per lot
shall be planted along the roads within the subdivision. A proportional amount of
trees shall be planted prior to final plat of each phase.
19. Performance assurance device(s) for all landscape plantings required for this plat
must be submitted and accepted by the City prior to final plat approval for each
respective phase. Maintenance assurance devices shall be submitted and accepted
prior to the release of the performance assurance device and held for three years
following the completion of the restoration/enhancement requirements.
20. Any non-exempt tree harvesting shall require appropriate Forest Practices Permit
from the Department of Natural Resources. The conditions of the Summit at
Blakely Harbor Subdivision SUB 11201 shall become conditions of the Forest
Practices Permit.
21. Prior to final plat approval of any phase, approval from the Kitsap County Health
District must be obtained for individual on-site septic system designs for each lot in
that phase.
22. On site mobile fueling from temporary tanks is prohibited unless the Applicant
provides and is granted approval for a Permit and Best Management Plan that
addresses proposed location, duration, containment, training, vandalism and
cleanup. (Reference 1. Uniform Fire Code 7904.5.4.2.7 and 2. Department of
Ecology, Stormwater Management Manual, August 2001, see Volume IV "Source
Control BMPs for Mobile Fueling of Vehicles and Heavy Equipment".) (Chapter
173-304 WAC)
23. In order to mitigate any noise impacts, all construction activities must comply with
BIMC 16.16.025 Limitation of Construction Activities.
24. To mitigate the aesthetic impact the of the clustered development on adjacent
properties, a 15 foot full vegetation screen in accordance with Bainbridge Island
Municipal Code 18.85 shall be planted/maintained along the south property line of
lots 5-7 of Phase III and lots 3-4 of Phase IV.
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SUrmmt Subdivision Page -30- City of Bainbridge Island
25. In order to mitigate the impact of the development on the ridgelines of the
community, the significant trees and vegetation in the open space shall be
maintained. Trees may be limbed and pruned for views on the geologically
hazardous slopes. Hazard trees may be removed once the City has reviewed and
approved an arborist report, received concurrence from the geotechnical engineer,
and approved a replanting plan.
26. All lighting within the subdivision shall comply with the City's Lighting Ordinance,
BIMC Chapter 15.34.
27. The plat's designated recreation area shall be developed as part of Phase I of the
plat, and shall be developed for active recreation including a play structure for
children. Prior to final plat of Phase I, a plan shall be submitted and approved by
the City.
28. In order to provide safe pedestrian access and recreation within the subdivision, a
4 foot wide trail shall be developed in the general locations shown on the
preliminary plat. The trail shall be developed with a pervious surface of gravel
layered 3 inches deep or more as detailed in the Bainbridge Island Park District's
Trails Master Plan. All pedestrian improvements associated with each phase of the
plat shall be installed prior to the issuance of the first residential building permit
within each respective phase of the plat.
29. Contractor is required to stop work and immediately notify the Department of
Planning and Community Development and the Washington State Office of
Archaeology and Historic Preservation if any historical or archaeological artifacts
are uncovered during excavation or construction.
30. A bus and transit turnout together with a bus shelter to accommodate transit and
school children use shall be installed along Fort Ward Hill Road to the satisfaction
of the City Engineer.
31. 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.
32. Public and private improvements, facilities, and infrastructure, on and offthe site
that are required for the subdivision shall be completed, have final inspection and
SUB 11201 and RUE 11201 Hearing Examiner
Summit Subdivision Page -31 - City of Bainbridge Island
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."
Non-SEPA Conditions:
33. In order to protect Osprey during the critical nesting period, grading and exterior
construction activities within 660 feet of the nest tree shall be prohibited between
April 1st and July 15th.
34. Indemnification agreements shall be provided and recorded for the plat prior to
the issuance of the plat utility permit and signed indemnification agreements for
each building site shall be provided prior to individual building permits being issued.
35. 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 and then
recorded with the final plat approval.
36. 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)
37. A plat certificate shall be provided with the final plat application.
38. Building setback and lot coverage requirements must be shown on the final plat
specifically:
· Building to Building - Minimum 10 feet separation.
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surmmt Subdivision Page -32- City of Bainbridge Island
·Building to Exterior Property Line - 25 feet.
-Building to Right-of-Way or street easement - Minimum 15 feet setback.
· Building to Trail, Open Space - Minimum 10 feet setback.
· Maximum Impervious Surface Coverage per lot - 4,000 square feet.
39. 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.
40. The applicant shall dedicate additional right-of-way along Fort Ward Hill
Road, along N 15° 43' 05" to the intersection of Country Club right-of-way.
41. Each phase must stand alone as a viable subdivision at the time of final plat
approval. All items needed to meet the rules and allow the phase to function must
be present at the time of final plat including: improvements, easements,
dedications, infrastructure etc.
42. A note shall be placed on the final plat mylars that the open space shall be
maintained according to the Open Space Management Plan.
43. The final plat(s) shall be submitted in substantial compliance with preliminary plat
drawings date stamped received December 23, 2002.
44. Conditions 1-9, 11, 13, 15, 23-26, 28, 29, 31, 33, 34, 38, and42 shallbelisted on
the final plat mylar.
45. A Homeowners' Association shall be established for the subdivision. This
Homeowners' Association shall be responsible for the maintenance of all paths and
trails in the subdivision. Those provisions shall be included in the Open Space
Management Plan.
46. All private roadways within the subdivision shall be subject to a Road Maintenance
Agreement guaranteeing safe passable condition at all times. This Road
Maintenance Agreement shall be executed and recorded by the applicant prior to
final plat approval. This agreement shall include provisions for the assessment of
homeowners in the subdivision to finance required road maintenance. The
agreement shall be reviewed and approved by the City Engineer prior to recording.
If any of the private roadways within the subdivision are subsequently dedicated to
the City of Bainbridge lsland as public streets, a road maintenance agreement will
no longer be required for those dedicated roadways.
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47. No septic systems or reserve drainfields shall be built within buffer areas or within
the 15-foot full vegetation buffer required by Condition 24.
48. No pedestrian trails shall be built within any regulated wetland or stream bed.
49. The applicant shall identify significant trees located in designated open space areas
adjoining building lots, stormwater facilities and roadways. The applicant shall
submit a Tree Protection Plan designed to prevent damage to those significant
trees during construction activities. This plan shall be submitted to the Department
of Planning and Community Development prior to final plat approval. This plan
shall be included in the Open Space Management Plan.
50. The applicant has agreed to consult with Scott Baker, or another approved
Arborist, for recommendations regarding native trees and shrubs to be used to
enhance the perimeter buffer area required by Condition 24. A planting plan shall
be submitted to DPCD for approval. A list of recommended plants shall be
submitted to the Department of Community Development for approval.
51. The applicant has agreed to remove the access road from the west side of the
wetland buffer area for the Category II wetland in the south portion of the
property. The buffer area will be surveyed and staked prior to road construction
activities.
RECOMMENDATION
The Hearing Examiner recommends to the City Council that this Preliminary Plat for a 25-1ot
subdivision be approved subject to the Conditions listed in Conclusion of Law 40 above.
DECISION
A Reasonable Use Exception is granted to allow improvement of the waterline maintenance
road for use as an access road for residential lots proposed in the southeast portion of the Summit
at Blakley Harbor Subdivision, provided this subdivision is approved by the City Council. The
Reasonable Use Exception is also granted to allow installation ofa stormwater transmission line
and energy dissipater within a Class IV stream buffer on the property. Compliance with the
construction recommendations outlined by Shannon and Wilson, Inc. is required. [EXHIBITS
61R AND130].
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Summit Subdivision Page -34- City of Bainbridge Island
The SEPA MDNS issued by the City of Bainbridge Island on May 5, 2003 is affirmed.
Dated this 14~ day of October, 2003
Robin Thomas Baker
Hearing Examiner Pro Tern
APPEAL
This Hearing Examiner's decision affirming the SEPA MDNS is final unless an appeal is filed with
the Superior Court as set forth in BIMC 16.04.170. The decision of the Hearing Examiner
granting a Reasonable Use Exception is final unless within 21 days after
issuance of the decision, a person with standing appeals the decision in accordance with RCW
36.70C.
SUB11201 and RUE11201 Hearing Examiner
Summit Subdivision Page -35- City of Bainbridge Island