SummitDecisionCITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR REASONABLE )
USE EXCEPTION AND PRELIMINARY )
PLAT APPROVAL )
APPLICANT: GREEN DEVELOPMENT )
AND CONSTRUCTION, LLC., and )
APPEAL OF SEPA MDNS )
APPELLANT: SOUTH RIDGE )
HOMEOWNERS ASSOCIATION AND )
FORT WARD NEIGHBORHOOD )
ASSOCIATION )
SUB11201 and RUE 11201
FINDINGS OF FACT
CONCLUSIONS OF LAW, DECISION
AND RECOMMENDATION
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 [EXHIBIT 308].
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 buffer and to allow improvement of the existing waterline maintenance road through a
wetland 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 III 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 of R -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 [EXHIBIT 27R and 75R].
6. A Certificate of Concurrency was issued by the City Engineer on April 24, 2003
[EXHIBIT 236]. The Department of Public Works recommended Preliminary Plat approval on
June 6, 2003 [EXHIBIT 268]. The City Engineer reviewed this subdivision proposal and
determined that a traffic analysis is not required for concurrency certification. The proposed
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:
Hearing Examiner
City of Bainbridge Island
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 [EXHIBIT 265]. 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 half of the
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 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
Hearing Examiner
City of Bainbridge Island
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 130, Pg.22].
11. A slope stability analysis was also performed for the three proposed detention ponds
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
Hearing Examiner
City of Bainbridge Island
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 Geotechnical 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
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 [EXHIBIT 272 - 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
Hearing Examiner
City of Bainbridge Island
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 3.4J. 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 [EXHIBIT H], 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
[EXHIBIT 225]. Additional public comments were received from the South Bainbridge
Community Association after that community meeting [EXHIBIT 227]. All public comments
were considered by the Planning staff in their environmental review for preparation of the
MDNS issued on May 5, 2003 [EXHIBIT 247]. 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], Jon 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 of Fish 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 development was also submitted by the applicant
[EXHIBIT 36]. A Wetland Buffer Mitigation Plan [EXHIBIT 13R] was prepared by Jon Dueker
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
Hearing Examiner
City of Bainbridge Island
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 EXHIBIT 247 - MDNSJ. 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 fords, 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
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 of Fish and Wildlife (WSDFW) recommended against
further disturbance to the wetland for purposes of mitigating the wetland impacts [EXHIBIT
22R]. 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
Hearing Examiner
City of Bainbridge Island
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 [EXHIBIT 27R 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 and Scott 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 Jon 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
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 16.20.090(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
Hearing Examiner
City of Bainbridge Island
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 [EXHIBIT 265]. 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 7).
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 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
Hearing Examiner
City of Bainbridge Island
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 Hearing. 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.
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 corner 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 60R]. 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 20th, 2002
Hearing Examiner
City of Bainbridge Island
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
EXHIBIT 284.
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 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. [EXHIBIT 270]. The record remained open until July 31,
2003 for the submission of additional documents.
Hearing Examiner
City of Bainbridge Island
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 [EXHIBIT 821.
SUBDIVISION
2. BIMC 17.04.094 sets forth the decision criteria for approval of a subdivision application.
3. BIMC 17.04.094.A. La: 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
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. Lb: The Subdivision may be approved or approved with
modification if.• 1. The preliminary subdivision makes appropriate provisions for the public
Hearing Examiner
City of Bainbridge Island
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. Lc: 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 [EAHIBITS 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).
7. BIMC 17.04.094.A. Le: 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: 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. 1.f & g: The Subdivision may be approved or approved with
modification if.• 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: f. Schools; g.
School grounds;
School impact fees will be assessed on each lot in the subdivision. One half of the school
Hearing Examiner
City of Bainbridge Island
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. Lh, 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.fl. 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 [EXHIBIT 9]. 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.
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: 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: 1. Fire and
emergency vehicle access; m. Fire flow;
Fire hydrants will be located on the internal access roads within the subdivision. The
Hearing Examiner
City of Bainbridge Island
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. 1.n: The Subdivision may be approved or approved with
modification if.• 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: n. Drainage and
storm water facilities;
The applicant has 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. BIMC 17.04.094.A. Lo & p: The Subdivision may be approved or approved with
modification if.• 1. The preliminary subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including the following: o. Water
supplies, including potable water; p. Sanitary waste.
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
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 flexible 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
Hearing Examiner
City of Bainbridge Island
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 approved or approved with modification
if 3. Any portion of the subdivision which contains a critical area, as defined in Chapter 16.20
BIMC, conforms to all requirements of that ordinance;
This 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 of a 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 runoff or 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 1St and July 15th of each year.
15. BIMC 17.04.094.A.4: The Subdivision may be approved or approved with modification
if 4. The subdivision reasonably maintains and protects productive agricultural uses in the
vicinity of the property, including complying with BIMC 16.20.180;
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
EXHIBIT 265. 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
Hearing Examiner
City of Bainbridge Island
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 of BIMC 15.20 [EXHIBIT 135 and 268].
17. BIMC 17.04.094.A.6: The Subdivision may be approved or approved with modification
if: 1. The preliminary subdivision design is compatible with the physical characteristics of the
proposed subdivision site;
This subdivision 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 of individual on -site septic systems for each lot
(Condition 21). 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 13R]
has been submitted to compensate for impacts caused by that encroachment. The Stormwater
Drainage Plan includes 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;
Hearing Examiner
City of Bainbridge Island
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 OS1.10 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 Island 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.
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 design 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
Hearing Examiner
City of Bainbridge Island
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. BIMC 17.04.094.C: In making a determination of approval, approval with modifications
or disapproval using the subsections A and B of this section, the following additional factors
without limitation will also be considered: 1. All public and private facilities and improvements
on and off the site necessary to provide for the proposed subdivision will be available when
needed;
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 off the
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
Hearing Examiner
City of Bainbridge Island
Letter of Acceptance from the City Engineer.
24. BIMC 17.04.094.C.2: In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: .... 2. Proposed new utilities,
facilities and services, and the proposed additional use of existing utilities, facilities and services
will not degrade the existing level of operation and the use of such utilities, facilities and
services below accepted standards;
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. Internal access roads will be
constructed to City of Bainbridge Island Road Design Standards for Residential Suburban Roads
and dedicated to the City after 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.
25. BIMC 17.04.094.C.3: In making a determination of approval, approval with
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered:... 3. The scenic value of existing
vistas which provide substantial value to the state and public at large, such as views from public
rights -of -way, parks and open space;
The 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
Hearing Examiner
City of Bainbridge Island
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, approval with
modifications or disapproval using the subsections A and B of this section, the following
additional factors without limitation will also be considered: ... 5. Existing habitat carrying
capacity of the property by providing wildlife corridors, and by preserving areas used for
nesting and foraging by endangered, threatened or protected species to the extent consistent with
the proposed new use.
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,
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 st
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 16.20.090(1)(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.•
(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 reasonable 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 runoff
Hearing Examiner
City of Bainbridge Island
will 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 after 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(1)(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:
... (b) The proposed activities are located to minimize impacts to the continued existence
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 1St through
July 15th [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 runoff from the developed lot
areas will be tightlined to the detention pond system so that pre - development flow rates can be
maintained.
Hearing Examiner
City of Bainbridge Island
31. 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:
... (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(1)(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:
... (e) Alterations to wetland, streams and buffers will be mitigated to the extent feasible
considering the extent of the disturbance, the size of the site and the necessity 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(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:
... ()9 There will be no damage to nearby public or private property and no 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
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City of Bainbridge Island
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(1)(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:
... (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 of a 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 corner of the 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
would 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. BIMC 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
would 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
Hearing Examiner
City of Bainbridge Island
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
would be deprived of any reasonable use of property and.•
...6) 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
runoff on 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
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
would 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
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City of Bainbridge Island
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,
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
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City of Bainbridge Island
native vegetation, landscaped, or covered with mulch or straw prior to
October 1 st of each year.
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 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
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City of Bainbridge Island
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 Sound Pest 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 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
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City of Bainbridge Island
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. Dueker, Dated October 2001.
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
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City of Bainbridge Island
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.
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
Hearing Examiner
City of 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 off the site that are
required for the subdivision shall be completed, have final inspection and
approval prior to final plat approval. Approval of public facilities will be
shown by a formal letter of acceptance from the City Engineer. An
assurance device acceptable to the City may be used (in lieu of physical
completion) to secure and provide for the completion of necessary
facilities. Any such assurance device shall be in place prior to final plat
approval, shall enumerate in detail the items being assured and shall
require that all such items will be completed and approved by the City
within one year of the date of final plat approval. While lots created by the
recording of the final plat may be sold, no occupancy of any structure will
be allowed until the required improvements are formally accepted by the
City. Additionally, a prominent note on the face of the Final plat drawing
shall state: "The lots created by this plat are subject to conditions of
an assurance device held by the city for the completion of certain
necessary facilities. Building permits may not be issued and /or
occupancy may not be allowed until such necessary facilities are
completed and approved by the City of Bainbridge Island. All
purchasers shall satisfy themselves as to the status of completion of
the necessary facilities."
Hearing Examiner
City of Bainbridge Island
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 1 st 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.
-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.
Hearing Examiner
City of Bainbridge Island
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, and 42 shall be
listed 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 Island as
public streets, a road maintenance agreement will no longer be required
for those dedicated roadways.
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
Hearing Examiner
City of Bainbridge Island
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 -lot
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 of a 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].
The SEPA MDNS issued by the City of Bainbridge Island on May 5, 2003 is affirmed.
Dated this 14th day of October, 2003
/S/ 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
Hearing Examiner
City of Bainbridge Island
issuance of the decision, a person with standing appeals the decision in accordance with RCW
36.70C.
Hearing Examiner
City of Bainbridge Island