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STONECRESS LLC (2)FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER In the Matter of the Application of STONECRESS LLC SUB13090 for preliminary plat approval for a subdivision known as "The Hamlet" Introduction Stonecress LLC has applied for preliminary plat approval for "The Hamlet ", a five lot subdivision. The Director has conducted environmental review and recommends approval of the subdivision, subject to numerous conditions. The public hearing was held on May 5, 2005 and the parties were represented as follows: the Director, Planning and Community Development Department (PCD or Department), by Thomas Bonsell, Planner, and the Applicant, Stonecress LLC. The Hearing Examiner conducted a site visit and closed the record on May 5, 2005. The record was reopened on June 2, 2005 for clarification of the relationship between this subdivision and the Stonecress development and information on how the proposed open space would be maintained. The parties requested additional time for this submittal; the request was granted. The record remained open until July 5, 2005. Exhibits 81 and 82 were submitted while the record was reopened and they are hereby made a part of this record. For the purposes of this recommendation, all section numbers refer to the Bainbridge Island Municipal Code (BIMC or Code), as amended, unless otherwise indicated. Recommended Conditions comprise the Appendix A found at the end of this document. Appendix B is the list of exhibits in the record and Appendix C are the minutes taken at the public hearing. After due consideration of all the information in the record, including that presented at the public hearing, the following shall constitute the findings, conclusions, and recommendation of the Hearing Examiner in this matter. Findings SITE DESCRIPTION 1. The subject property (Assessor's Account numbers 232502 -3- 080 -2005 and 232502 -3- 080 -2004) is undeveloped and consists of 2.96 acres located northwest of and adjacent to the intersection NE High School Road and Ferncliff Avenue NE. The site is rectangular in shape with a north -south dimension of 630.70 feet fronting Ferncliff Avenue and an east -west dimension of 233.13 ft. fronting High School Road. [Exhibit 60, Sheet 3; Exhibit 74, Staff Report, page 11 2. The legal description [Exhibit 60, Sheet 1] for the subject property is: Lot B and Open Space Tract 2 of the Stonecress Short Plot recorded under Kitsap County Auditor's File Nos. 200408030014 and 200408030015, in Volume 18, of Short Plats, Pages 80 -84, situate in the Southeast Quarter of the Southwest Quarter, Section 23, Township 25 North, Range 2 East, W.M., Kitsap County, Washington. 3. The entire site is forested and gently sloping, with one area (in the southwest quadrant of Lot B, north of the Open Space tract) having slopes of 15 % -20 %. A Category III wetland has been identified and delineated in the middle of the subject property [see Finding 12]. The 0.75 acre wetland is located in the northern portion of Open Space Tract 2. [Exhibit 60, Sheet 3; Exhibit 65, page 7; Exhibit 74, Staff Report, pages 7 -8] 4. Site vegetation includes of western red cedar, Douglas fir, western hemlock, and red alder. The wetland is a mosaic of forested and scrub shrub vegetation classes: canopy of red alder and red cedar; understory dominated by salmonberry; small hummocks and downed logs host Sword fern, evergreen huckleberry and salal; Spiraea dominating the scrub shrub; and, herbaceous groundcover dominated by stinging nettle and "youth -on- age". [Exhibit 16, pages 1 -3; Exhibit 63, pages 3 -6] 5. Woodland Village, a recently developed 27 -unit single family subdivision, is directly north of the subject property. The lots appear to be approximately 5 -6,000 sq. ft. To the west is the Stonecress Condominiums (44 units and a 2.25 acre open space tract) developed in 2002 with the Stonecress Short Plat which created the subject parcel. Single family residences predominate to the east across Ferncliff Avenue. [Exhibit 74, Staff Report, page 8; Exhibit 82; Testimony of Smith] 6. The property is zoned is R -2 (one unit per 20,000 sq. ft.) and the Comprehensive Plan designation is OSR -2, open space residential, two units per acre. Surrounding zoning includes R -2.9 to the north, R -8 to the west, R -2 to the east, and R -8 and High School Road I to the south. Comprehensive Plan designations include OSR -2.9 to the north, R -8 to the west, R -2 to the east, and R -8 to the south. [Exhibit 9; Exhibit 20; Exhibit 74, Staff Report, page 1 ] APPLICATION 7. An application for the "The Hamlet" subdivision was filed on December 2, 2004. The original application [Exhibit 20 and Exhibits 12 and 13] proposed six residential lots. A revised application was filed on March 17, 2005 [Exhibit 62]. The revised application reduced the number of residential lots to five. 8. The revised application [Exhibits 60 and 62] was the result of a new (March 2005) wetland delineation [see Findings 12 and 35] that determined the wetland to be larger than previously thought. With the increased size of the wetland, the allowable density was recalculated and the application revised to be a five lot subdivision. See Finding 13. 9. The Exhibit 60, Sheets 1 through 4, and Exhibit 69 (replacing Sheet 5 in Exhibit 60) comprise the subdivision maps associated with the subject subdivision application. PROPOSAL 10. The proposal calls for five residential lots in the northern third of the site and an open space tract in the southern two- thirds. The open space tract includes a wetland and wetland buffer, pedestrian paths with dedicated public access, and could have only the uses allowed by BIMC 17.12.092.G (passive recreation, low impact fencing, removal of invasive plants, storm drainage, etc.) [Exhibit 15; Exhibit 60; Testimony of Bonsell; Testimony of Smith] Proposed Lots 11. The proposed residential lots would range in size from 6,899 sq. ft. to 10,003 sq. ft. Lots 1 -4 would have rectangular shapes and Lot 5 would have an irregular, "flag" shape (see Exhibit 66 for lot descriptions and sizes). [Sheet 4, Exhibit 60; Exhibit 74; Staff Report, pages 10 -13; Testimony of Bonsell] AREAS After Right -of -Way Dedication Open Space Tract 88,600 sq. ft. 0.16 acres Residential Lot 1 6,899 sq. ft. 0.19 acres Residential Lot 2 6,366 sq. ft. 0.16 acres Residential Lot 3 6,899 sq. ft. 0.19 acres Residential Lot 4 6,366 sq. ft. 0.16 acres Residential Lot 5 10,003 sq. ft. 0.23 acres Totals 129,134 sq. ft. 2.96 acres Open Space 12. The 88,600 sq. ft. Open Space tract is approximately 67% of the total parcel (before dedications) and includes a Category III wetland and wetland buffer of approximately 42,900 sq. ft. [Exhibit 74; Staff Report, page 11]. The wetland has been identified and delineated consistent with the requirements of BIMC 16.20.090. A wetland delineation was originally made in 1991 [see Exhibit 7] and was revised in the Wetland Analysis Report that was issued March 8, 2005 [Exhibit 63]. The recent delineation marks a larger wetland (see current boundaries in Exhibit 61, Sheet 4, and original boundaries in Exhibit 13, Sheet 4). The wetland delineation was performed by qualified professionals using the methodologies prescribed by Department of Ecology and Corps of Engineers. The wetland boundaries were flagged in the field and then surveyed. 13. The wetland delineation resulted in a revision of the subdivision application. With the wetland boundaries changed and the buffer redrawn, the application was revised to reflect the change in the density calculation (see Finding 36) establishing the allowable number of lots as five, rather than the six originally proposed [Exhibit 60, Sheet 3]. (See configuration of five lots in Exhibit 61, Sheet 4, and six lots in Exhibit 13, Sheet 4). [Staff Report, Exhibit 74, page 13; Testimony of Bonsell] 14. Recommended Condition 12 would require that the northern and southern boundaries of the wetland buffer be identified by a split rail fence and that signs identify the east and west edges of the buffer. Recommended Condition 13 would prohibit the use of fertilizers, pesticides, or herbicides within the Open Space. Recommended Condition 14 would require that the wetland and buffer be preserved in native vegetation and would encourage that invasive /non - native plant species be removed and replaced with native plants. Recommended Condition 15 would discourage removal of significant trees from the Open Space tract without prior City approval by imposing fines requiring replacement. 15. Consistent with BIMC 16.20.090, Recommended Condition 20 would require future home construction on Lot 5 to observe a 15 -ft. building setback from the wetland buffer [see Exhibit 69]. 16. An existing pedestrian trail crosses the Open Space tract east -west within the northern portion of the wetland buffer (see Exhibit 60, Sheet 4). This trail was developed with the Stonecress project and provides pedestrian connection from the Stonecress condominium property to Ferncliff Avenue. At hearing it was observed that the mapped location of the trail does not correspond with its actual location. The applicant clarified that the trail was originally installed in the wrong location and has been moved 15 -25 ft. to the south to its present location. The revised application indicates that the trail is to have a 10 -ft. wide "easement centered on the trail as built" [Exhibit 60, Sheet 4]. Recommended Condition 11 would require that the trail and easement location be consistent with that shown in the revised application drawings. There is also an existing north -south sidewalk along the Ferncliff Avenue frontage [see Finding 27]. 17. The proposal includes 100% tree retention in the Open Space tract. This clearly exceeds the requirement of BIMC 18.85.060 that 30% of the site's tree canopy be preserved. Recommended Condition 15 would disallow removal of any significant trees without prior City approval and impose fines and require replacement trees for violation of the condition. [Exhibit 60, Sheet 4; Staff Report, page 11, Exhibit 74; Testimony of Bonsell] 18. Public comments suggest a misunderstanding that this proponent had, as a part of the Stonecress condominium and short plat proposal, had committed to leave the subject property undeveloped. The information from the 2002 Stonecress land use decision indicate that this commitment was not made and there was no co- mingling of allowable densities between Lot A (Stonecress condos) and Lot B (the subject parcel). [Exhibit 81, Project Report, page 16] 19. With the subject proposal there is a commitment for the preservation of the Open Space tract and protection of the wetland habitat within it. The owners of proposed Lots 1 through 5 would be the owners of the Open Space tract and, through a Homeowners Association, would be responsible for management and maintenance. The Open Space Management Plan [Exhibit 81] is key to the future success of the open space. This plan specifies what is allowed within the open space area (e.g., passive recreation, planting native vegetation, removing invasive vegetation, etc.) and what is not allowed (i.e., no building or other uses, no mechanized vehicles, etc.). The Hamlet Homeowners Association would to be responsible for implementing the Management Plan and paying for any costs associated with that implementation. The record here does not include a draft of the Homeowners Agreement that would establish the association, its structure, functions, and responsibilities. 20. The Open Space Management Plan does not include a clear expression that Open Space Tract 1, consistent with the provisions of the Open Space Management Plan, is to remain undeveloped open space in perpetuity and that the public trail indicated on Sheet 4 of Exhibit 60 is to remain open for the public to use consistent with the non - destructive and proper uses specified. In light of past misunderstandings about the nature and future of this open space, this clear expression should be added to "Purpose" section of the Plan. 21. With recordation of the Open Space Management Plan and the Homeowners Association documents, future owners of proposed Lots 1 through 5 would be put on notice as to their responsibilities for the maintenance and management of the Open Space tract. To this end, both the Open Space Management Plan and all documents establishing the Hamlet Homeowners Association should be recorded as part of the final plat and available for review prior to the sale of any lot. 22. A 50 -ft. wide landscape buffer, retaining existing vegetation) is proposed along the Femcliff Avenue frontage [Exhibit 74, Staff Report, page 10]. A landscape buffer is also required along the proposed High School Road frontage, but has not been designated (perhaps because that area is within the Open Space tract where no cutting would be permitted). Recommended Condition 27 would require that the 50 -ft. wide, "no -cut" native vegetation buffer on both frontages be noted on the final plat map. Infrastructure and Utilities 23. The Staff Report [Exhibit 74, page 7] refers to "two private driveways ", each to "serve three lots" [see Exhibit 13, Sheet 5]. That is, there would be two access points on Fernclif : one near the north end, across from the intersection of Byron Drive with Femcliff Avenue; the other, about 70 ft. to the south, at the boundary with the Open space tract. The access driveways look like one, 20 -ft. wide U- shaped driveway [see Exhibit 69], but are considered two driveways because an emergency -only access barrier (bollards removal by the Fire Department) is to be installed in front of Lot 3 so that only Lots 1, 2 and 3 would be accessible from the northern access point; the southern access point would serve only Lots 4 and 5 [see Exhibit 68]. This configuration appears to be driven by the combination of the City's standard that new private access serve no more than four residences [see City of Bainbridge Island Design and Construction Standards and Specifications, 7 -01 Design Requirements] and the proponent's desire to avoid pavement to keep impervious surfaces to a minimum. 24. Recommended Conditions 9 and 24 would require that access be developed consistent with City's standards for this type of access and be approved by the Fire Department. 25. The driveways would have a 12 ft. wide driving surface primarily composed of pervious pavers. On either side of the bollards, "between" the driveways, there would be reinforced grass pavers [see Exhibit 68]. The pervious pavers and reinforced grass pavers would allow absorption to reduce the rate of runoff (see Finding 28). [Exhibit 68] 26. The driveways at Ferncliff Avenue would widen to 24 ft. At hearing some members of the public expressed concern that the sight distance at the northern access point (across from Bryon Avenue) would be insufficient. The sight distance evaluation offered by the applicant's engineer at hearing [Exhibit 79], indicates that the distance would be sufficient for safe travel [Testimony of Wheeler]. 27. An existing 5 -ft. wide concrete sidewalk along the Ferncliff Avenue frontage provides a pedestrian connection between High School Road on the south and Woodland Village on the north. (At the Ferncliff Avenue and High School Road intersection, the south end of this walkway connects to an east -west sidewalk along High School Road.) These walkways were developed as part of the Stonecress project. To keep away from the wetland, part of the sidewalk encroaches slightly into the Ferncliff right -of -way [see Exhibit 60, Sheet 4]. No additional sidewalk improvements are necessary or proposed, but a 10 ft. wide pedestrian easement centered on the sidewalk "as built ", is included in the proposal. Recommended Condition 23 would require a 5 ft. wide right -of -way dedication along the length of the Ferncliff Avenue frontage. 28. The applicant intends to utilize "low impact development" technology to control stormwater so that runoff from the site is at pre - development levels after development. This is to be accomplished by protecting the native soils and vegetation. To do this, the total amount of developed area would be minimized by "clustering" the homes in the northern third of the site, using narrow driveways with pervious surfacing (rather than having public streets that would be wider and paved), and having small building envelopes on each residential lot ( "footprint" of house and garage to be 1,500 sq. ft. maximum). Also, the stormwater from the impervious surfaces would be routed to on- site infiltration or bioretention features (swales, etc.) by roof drains on each residence and dispersing footing drains at several locations. No part of the control systems would channel stormwater to the wetland. As required by Recommended Conditions 7, 8, 22 and 26, stormwater control facilities would be designed in during the Building Permit process to the satisfaction of the City. [Testimony of Smith; Testimony of Wheeler; Exhibit 68] 29. City water and sewer is available to serve the subdivision [Exhibit 17]. A new fire hydrant may be required [Exhibit 2]. PCD CONSIDERATION AND RECOMMENDATION SEPA Review and Public Comment 30. PCD conducted environmental review on the proposed subdivision (the application included an Environmental Checklist, see Exhibit 14). Notice of the SEPA comment period was given on December 18, 2004 [Exhibit 27]. A number of concerned citizens [Danzig, Exhibits 28, 30, 37 & 38; Scott, Exhibit 31; Reyes, Exhibit 32; Spence, Exhibit 33; Jarecke, Exhibit 34; Eiseman, Exhibit 35; and, Scott, Exhibit 36] requested that the comment period (December 18, 2004 to January 3, 2004], be extended. The requests for extension were granted and, consistent with the extension provision of the SEPA Ordinance, the comment period was extended 14 days, to January 17, 2005 [Exhibit 39]. 31. In addition to the requests to extend the comment period, the Director received written comments regarding the proposal. Generally all those making comment objected to the proposal as too dense and were dissatisfied with the information available regarding the wetland. The written submittals are part of the record in this matter and each comment has an exhibit number to aid in review of specific concerns: Stephen Hellriegel [Exhibit 29]; M. A. Proctor [Exhibit 42]; James S. Denlinger [Exhibit 43]; Kevin Stroman [Exhibit 44]; Vince Mattson [Exhibit 45]; Liz Taylor [Exhibit 46]; Carol Wood [Exhibit 47]; Stephen Hayes [Exhibit 48]; Lois Andrus [Exhibit 49]; Jocelyn & William Brent [Exhibit 50]; Behan & Jamie Gifford [Exhibit 51]; Mr. & Mrs. Reyes [Exhibit 52]; Frances F. Korten [Exhibit 53]; Leatrice & Herb Eisenman [Exhibit 54]; Chad Campbell [Exhibit 55]; Chuck Depew [Exhibit 56]. 32. The primary concerns expressed included the following: • The wetland delineation is out of date, doesn't include effects of recent developments; need new analysis done to current standards. • Developer previously stated that this site would never be developed. • Elimination of wetland would adversely affect neighboring properties. • Egress proposed across from Byron Drive would be dangerous because it is at the crest of a hill with inadequate line of sight. • The two egress points will be dangerous this close to High School Road intersection. • Object to further "deforestation ". The trees in the southern portion of Woodland Village will be exposed to prevailing winds putting them in peril and posing threat to homes to the north. • Trying to squeeze six lots into too small an area. • The barrier in the access road isn't not needed or desirable and should be eliminated. • A traffic study should be required. • The open space tract should be administered by subdivision's homeowners' association. • Pedestrian trails are not located where shown on plat map; no request has been made to relocate trails. • How can the narrow "grasscrete' roadway meet city standards? 33. The comments were all submitted prior to the new wetland delineation and prior to the application being revised from six lots to five. 34. On March 18, 2005, the Director issued a SEPA Mitigated Determination of Nonsignificance (MDNS) [Exhibit 59]. Notice of that decision was properly given. The MDNS was not appealed [Staff Report, page 1, Exhibit 74]. 35. In response to public comments, a new wetland delineation was ordered (several citizens had noted that the previous delineation was done in 1991 and that conditions had changed considerably since then). On March 8, 2005, Wiltermood Associates, Inc., certified wetland consultants, issued a Wetland Analysis Report [Exhibit 63] for the subject site. This new delineation provides accurate information about the wetland and was prepared using the current standards. The new wetland delineation resulted in a recalculation of allowable density (see Findings 12 and 36) and a revised application seeking preliminary subdivision approval for five lots instead of six originally proposed. Zoning and Land Use 36. The proposed subdivision is consistent with the zoning provisions of BIMC Chapter 18.30, for the R -2 zone. The two parcels of the subject site have a combined total area of 132,083 sq. ft. To make the density calculation to determine how many lots are allowable, the wetland (13,600 sq. ft.) and buffer (29,300 sq. ft.) areas are subtracted from the total and a buffer allowance (23,400 sq. ft.) is added to determine 112,583 sq. ft. is the size to be used for the density calculation. [See calculation: Sheet 3 in Exhibits 60 or 61]. When the 20,000 sq. ft. minimum lot size of the R -2 zone is applied, the result is five allowable lots. [Exhibit 74, Staff Report, pages 10 -13; Testimony of Bonsell]. 37. The building envelopes shown on Exhibit 69 would meet the standard setback and dimensional requirements [see Finding 59]: all lots would be at least 5,000 sq. ft., 50 -ft. wide at the minimum width, and Recommended Condition 20 would require: 10 -ft. minimum distance between buildings; 15 -ft. minimum distance between buildings and the subdivision boundary; 10 -ft. minimum distance between buildings and the Open Space tract boundaries; 15 -ft. minimum distance between buildings and the wetland buffer; and, 50 -ft. minimum distance between buildings and Ferncliff Avenue. Further, within the areas shown, the applicant proposes that the combined house and garage "footprint" on each lot would be 1500 sq. ft. [Exhibit 69; Exhibit 74, Staff Report, pages 10 -13; Testimony of Smith] 38. The flex lot standard of BIMC 17.04.080.A.3.d would apply the 20% maximum lot coverage limit in the R -2 zone (see BIMC 18.30.050) to the entire property and assign a portion of the total to each lot created. (BIMC 18.06.650 defines "lot coverage" to mean "that portion of the total lot covered by buildings, excluding eaves.') As noted in the Staff Report [Exhibit 74, page 10], this would allow coverage of 5,165 sq. ft. The applicant indicates that coverage would be limited to 1,500 sq. ft. for house and garage and the limitations imposed by Recommended Condition 20 would in effect prevent coverage from reaching the maximum. 39. PCD concluded [Staff Report, page 9, Exhibit 74] that the proposed subdivision would be consistent with the property's OSR -2 Comprehensive Plan designation because "it has been designed to reflect the community character, while preserving trees along NE High School Road and Femcliff Avenue NE ... lots are clustered... providing 69 percent open space ... the wetland is being protected ... provide[s] a pedestrian path..." Recommended Conditions 11, 12, 13, 14, 15, and 20 related to the aspects mentioned, support this conclusion. Review and Comment by Other Agencies 40. During its review of the application, PCD requested that City departments and other concerned agencies review the subdivision proposal and provide comment. The comments received by PCD are summarized below. Each comment has been assigned the exhibit number noted, and all the comments are included in the record regarding this application. Dept /AgencX Exhibit Comment ■ Fire Dept. 23 Access must be to Public Works standards; must have Public Works approval for the emergency - only access barrier; new hydrant may be required. :ewerPublic 17 Water & Sewer: Can be served by City water and Works (site is within City's current service boundaries and service available in adjacent street). 76 Engineering: Required signs must be included; stormwater collection and control must be designed by licensed engineer and meet City; standards; removable bollard (emergency -only access barrier) must be coordinated with Fire Marshall. 41. The Public Works Department reviewed the subdivision proposal and sent a memo [Exhibit 76] to the Director with comments. The Director relies on those comments to conclude that the Public Works Department "has determined that the proposal will not unduly burden the public road system" [Exhibit 74, Staff Report, page 9]. There is, however, no mention of this determination in the Public Works memo. 42. Given the small number of residences that would be developed here, it is unlikely that any undue burden to the public road system could result, but preliminary subdivision approval requires a Certificate of Concurrency. A concurrency test is required by BIMC 15.32.030A.1 [see Finding 54] with preliminary plats for "subdivision of f ve or more residential lots ". This certification represents the City Engineer's determination that traffic associated with the proposal can be accommodated by existing facilities; the subdivision would not cause undue burden on existing transportation facilities. Developments with less than 50 trips per day are exempt from the concurrency requirement except for the applications noted in subsection A (which is quoted above). No Certificate of Concurrency has been entered into this record. Without the certification, the preliminary subdivision cannot be approved. Director's Recommendation and Staff Report 43. The Staff Report regarding the subdivision application was issued on April 12, 2005. The Director recommends that the subdivision be approved with numerous conditions [pages 2 through 6, Exhibit 74]. These conditions, modified by the Hearing Examiner in response to information received during the hearing process, are in Appendix A at the end of this Recommendation. 44. The Recommended Conditions (see numbers bracketed below) provide appropriate mitigation and regulation as follows: a.Mitigation of environmental impacts associated with construction as related to: erosion/sedimentation and runoff [3, 4, 6, 10]; air quality [5]; slope /soil stability [3, 10]; noise [18]; archaeological artifacts [21]. b. Mitigation of environmental impacts associated with long -term residential use of the site as related to: stormwater control [7, 8]; wetland protection [12, 13, 14, 28, 29]; preservation of native vegetation and significant trees [14, 15, 16, 27, 28, 29]; schools [25]; light and glare [19]. c.Provision o£ adequate vehicular and pedestrian access [9, 11, 23, 28, 29]; appropriate utility infrastructure and improvements [8, 22, 24, 26]; preservation and maintenance of landscape buffers [27, 28, 29]; compliance with zoning requirements and conditions of subdivision approval [2, 20]. 45. A Geotechnical Slope Evaluation [Exhibit 16] was prepared in 2002 in the course of the review of the Stonecress short plat (see Finding 5). That report noted an area in the subject site that has slopes of 15% or greater. These slopes are present in parts of proposed Lots 3, 4 and 5 [Site Plan in Exhibit 16; Exhibit 60, Sheets 3 and 4]. No evidence of current risk or recent or historic instability was found. The evaluation concludes that development could occur without adverse impact using conventional earthwork and drainage /erosion control practices. Director's Conclusions 46. The Director correctly concluded that, as conditioned, the proposed subdivision is consistent with the Comprehensive Plan and the applicable sections of the Bainbridge Municipal Code, including: 16.20 (Critical Areas Ordinance), 17.04 (Subdivisions Ordinance), and 18.30 (R -2 Zoning Ordinance). The Director recommends approval of the preliminary subdivision subject to numerous conditions [Exhibit 74, Staff Report, pages 2 -6]. PUBLIC HEARING 47. After notice was properly mailed, posted, and published [Exhibit 75], the public hearing on this subdivision was held on May 5, 2005. 48. During the public hearing, the Department's representative testified regarding the Staff Report and the Director's recommendation [Testimony of Bonsell; Exhibit 74] and the applicant's representatives contributed information about the subdivision proposal and the subject property [Testimony of Smith; Testimony of Wheeler]. 49. The comments of those members of the public who gave testimony about the proposed subdivision at the hearing, are summarized below: Name Comment /Concerns ■ Lois Andrus The mechanics of the public dedication of the open space tract are not clear. James Denling_er The proposal is not in keeping with intent of Comp Plan for this transitional area; questioned if ownership is the same for both parcels; access (egress) locations dangerous; wetland analysis shows wetland goes to northern boundary; questioned use of pervious pavers; doesn't believe there is true "plan" for drainage; deforestation that will endanger neighboring trees in Woodland Village (this includes cutting trees for homesites and grading near other trees so as to damage roots; original trail easement should be retained. (See Finding 51.) Phillip O'Hartigen Is on the Board of Stonecress and is generally supportive of proposal; concerned that drainage from residential development needs more analysis and should include swale on south side of roadway at the curve, to avoid adverse runoff impact to wetland. (See Finding 52.) ■ Linda Warren Given the slope and deep- seated drainage, the increased density will result in increase in stormwater runoff and could aggravate landslide potential in neighborhood. Vince Mattson The emergency -only barrier has no practicality; forces people to turn around on private property ■ Jocelyn Brent This will add to current hazardous traffic conditions (there is on -going problem of people driving too fast, endangering school children). Trees would be viable if this is not developed. 50. A comment letter [Exhibit 77] was submitted the day of hearing. In his letter Chad Campbell: questions the Planning Department's handling of the wetland delineation and asserts there is an inconsistency regarding the location of the northern boundary of the wetland (Wiltermood says it goes to NW corner of property, but survey map shows it about 60 ft. to the north); interprets Comp Plan Goal 9 as intending that the eastern part of this property would remain undeveloped and believes clustering is out of character along Femcliff; questions having two entrances so close together and the ability of emergency vehicles to utilize the interior road; notes that clear- cutting on the northernmost portion of the site, will isolate and thus jeopardize the integrity of remaining trees (including trees in the Woodland Village subdivision to the north) by exposing them to sustained winds. 51. The issue of tree safety was discussed at hearing [Finding 49; Testimony of Smith]. When stands of trees are small in the face of sustained high winds, there is danger that they will fail. Woodland Village has a 15 -ft. wide "no -cut" zone along its southern boundary adjacent to the subject site [see Exhibit 43, 44, 47, 48,], but some trees in Woodland Village have already fallen and some have had to be removed for safety reasons. Neighbors in Woodland Village are concerned that the removal of trees for home construction on the subject site, will reduce the size of the stand of trees such that trees on their property would be endangered. (That is, as the stand is made smaller, it would have less ability to withstand high winds.) Some trees within the 15 -ft. wide setback on the north and west sides of the subject site may need to be removed for safety reasons. Recommended Condition 15B would require that the 15 -ft. wide setback be a "no -cut" zone which may or may not result in a stand that is, in the aggregate, string enough to withstand high winds, but the removal of diseased, dead, or dying trees could occur within the "no -cut" zone to protect residential structures. 52. The suggestion that a drainage swale along the south side of the curve of the driveway be included in the design of the stormwater control system [see Finding 49, comment of O'Hartigen], is worth considering. The stormwater control system design must be reviewed for compliance with City standards. Recommended Condition 7 would require that swales alongside the driveways be considered in the plan review of the stormwater drainage system design and, if effective, beneficial, and consistent with City standards, that they be included. MUNICIPAL CODE 53. The "Definitions" section [BIMC 17.04.040] of the Subdivision chapter include the following definitions of interest in reviewing this application: "Flexible lot design" means a design process which permits flexibility in lot development and encourages a more creative approach than traditional lot -by- lot subdivision. The flexible lot design process includes lot design standards, guidance on the placement of buildings, use of open spaces and circulation which best addresses site characteristics. This design process permits clustering of lots, with a variety of lot sizes, to provide open space, maintain island character and protect the Island's natural systems. The criteria for the layout and design of lots, including a minimum percentage of open space and a minimum lot size are described in Chapters 17.04 and 17.12 BIMC. "Landscape perimeter" means a landscape buffer located along a subdivision boundary. The landscape perimeter may contain established native vegetation or additional landscaping. "Open space" means any area of land which is predominately undeveloped and which provides physical and /or visual relief from the developed environment... Open space may consist of undeveloped areas, such as pastures and farmlands, woodlands, greenbelts, critical areas, pedestrian corridors and other natural areas... "Preliminary plat" means a drawing of a proposed subdivision, which shows the general layout of lots, tracts, streets, and other information required by this chapter, resolutions, ordinances or administrative rules of the department..the basis for approval or disapproval of the general layout of a subdivision. 54. BIMC 15.32.030 provides that: A. The following development applications shall be subject to a concurrency test which shall be conducted in the processing of the development permit application: 1. Preliminary plat (subdivision of five or more residential lots); 2. Site plan and design review; 3. Any other land use plan or permit, the granting of which would increase the demand for transportation facilities by 50 or more trips per day, per the ITE Trip Generation Manual. B. The following development permits are exempt from this chapter, and applicants may submit applications, obtain development permits and commence development without a certificate of concurrency: 1. Any development permit issued for uses, densities and intensities that were disclosed in a completed application filed before the effective date of this chapter. 2. Any development permit for development that generates less than 50 trips per day, except as provided for in subsection A of this section. C. The applicant shall, upon request, provide a traffic study sufficient for the city engineer to perform a concurrency test. D. The city shall not issue a development permit until: L A concurrency test has been conducted in accordance with BIMC 15.32.040 and a certificate of concurrency has been issued; or 2. The application has been determined to be exempt from the concurrency test as provided in subsection B of this section. Subdivision Review Process and Puroose 55. BIMC 2.16.025.B.2 classifies action on a subdivision application as a quasi - judicial land use decision. BIMC 17.04.093 further provides that subdivisions are to be reviewed by the City Council in accordance with the decision procedures of BIMC Chapter 2.16 and the decision criteria of BIMC 17.04.094. 56. BIMC 2.16.110.C.2 directs the Hearing Examiner to make a recommendation to the City Council prior to the final decision on a subdivision application. The Hearing Examiner is to hold a public hearing; transmit the recommendation to the City Council in a consoldiated report [BIMC 2.16.110.C]. 57. The express "Purpose" of the subdivision chapter [BIMC 17.04.020] includes the following: ... to regulate the subdivision of land to promote the public health, safety and general welfare... To carry out this purpose and further the comprehensive plan policies addressing residential subdivision of land... this chapter establishes a flexible lot process that promotes the preservation of open space, consolidation of open space, and clustering of development within residential subdivisions. This process... limits the development impact area, minimizes impervious surface area and provides for greater flexibility in the division and establishment of residential lots. Zoning and Flex Lot Provisions 58. BIMC 18.30.010 states that the purpose of the R -2 zone is to: "...provide for residential neighborhoods of increased density in a rural environment. " 59. Subdivisions established pursuant to the flexible lot design process are subject to the development standards of BIMC 17.04.080.A. include the following, but BIMC 18.30.085 provides that the standards for minimum lot size, setbacks, and minimum lot dimensions (A.2 and A.3 below) do not apply. A. Development Standards... 1. Density. a. The number of residential lots created in a subdivision shall not exceed the density provisions of BIMC Title.18; b. Properties containing wetlands and /or wetland buffer areas are subject to reduction of the maximum density pursuant to the standards of BIMC 1620.090.C... 2. Minimum Lot Size Requirements. a. Five thousand square feet if served by public sewer 3. Lot Setbacks and Dimensional Requirements. a. All lots shall be 50 feet wide at the minimum lot width... b. Insofar as practical, side lot lines shall be at right angles to street lines ... size, shape, and orientation of lots shall be appropriate for the type of developemnt and use contemplated... c. Setbacks. i. Building to building... minimum 10 feet separation; ii. Building to exterior property line ... Minimum 15 feet; iii. Building to right- of- way ... 50 foot setback... iv. Building to trail, open space or access easement... Minimum 10 foot setback.; 4. Landscape Buffers. a. ...landscape buffers are to enhance and retain the character of the Island by maintaining native vegetation along roadways... providing visual relief along public roads and between subdivisions and other existing development... b. ...R-2 ... where established vegetation of a forested nature is located adjacent to public roads ... a 50 foot wide vegetative buffer shall be maintained. e. Allowed Landscape Buffer Activities: i. Potable water wells and well houses; ii. On -site storm water infiltration systems... iii. Ingress and egress... iv. Underground utilities... v. Nonmotorized trails; and vi. Planting of vegetation. f. Landscape Buffer Requirements. i. ...filtered screen landscaping... shall be required within... landscape perimeter buffers where established vegetation cannot provide such screening. ii. All native shrubs and significant trees shall be retained... except that limited removal may be allowed for permitted activities located within the buffer area. B. Landscape Standards. Landscaping shall be established consistent with the requirements of subsection A.4 of this section and street tree planting requirements of Chapter18.85 BIMC, and any other significant tree retention requirement. C. Roads and Pedestrian Access Performance Standards. 1. Existing roadway character shall be maintained where practical. This may be accomplished through the reduction of roadway width consistent with subsection C.3 of this section, the minimization of curb cuts, and the preservation of roadside vegetation. 2. Roads and access shall be consistent with the standards set forth in "City of Bainbridge Island Design and Construction Standards and Specifications. " To minimize impervious surfaces, public rights -of -way, access easements and roadways shall not be greater than the minimum required to meet standards. Connections to existing off -site roads which abut the subject property shall be required where practicable, except through critical areas and /or their buffers. 3. Variation from Road Requirements. A variation from the road requirements and standards contained within the "City of Bainbridge Island Design and Construction Standards and Specifications" may be approved by the city engineer, if such a reduction meets the purposes of this chapter. 4. Street names, traffic regulatory signs and mailboxes shall be provided. The location of these shall be indicated on the plat. 5. Transit stops shall be provided as recommended by Kitsap Transit. 6 Pedestrian and bicycle circulation and access within a subdivision and onto the site shall be provided through walkways, paths, sidewalks, or trails and shall be consistent with the nonmotorized transportation plan, Ordinance 2002 -09. Special emphasis shall be placed on providing pedestrian access to proposed recreational and /or open space areas. Subdivision Approval Criteria 60. The criteria for preliminary subdivision approval, found at BIMC 17.04.094, require that: A. The subdivision may be approved or approved with modification if 1. The applicable subdivision development standards of BIMC 17.04.080, 17.04.082, and /or 17.04.085 are satisfied; 2. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including those items listed in RCW 58.17.110; 3. The preliminary residential subdivision has been prepared consistent with the requirements of the flexible lot design process; 4. Any portion of a subdivision that contains a critical area, as defined in Chapter 1620 BIMC, conforms to all requirements of that chapter; 5. The city engineer determines that the preliminary subdivision meets the following: a. The subdivision conforms to regulations concerning drainage (Chapter 15.20 BIMC). b. The subdivision will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use and enjoyment ofproperties downstream. c. The streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties. d. The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic. e. The subdivision conforms to the requirements of this chapter and the standards in the "City of Bainbridge Island Design and Construction Standards and Specifications, " except as otherwise authorized by in BIMC 17.04.080. C. 3; 6 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; and 7. The proposal is in accord with the city's comprehensive plan. 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. REQUIRED FINDINGS Flex Lot Standards: BIMC 17.04.080 61. The Flexible Lot Standards of BIMC 17.04.080 are satisfied by this subdivision, as detailed below with reference to the Finding(s) supporting that determination. The standards of 17.04.080.A.2. and 17.04.080.A.3 would met although they are not required [see Finding 58]. Cndf- CPotinn Findings 17.04.080.A 1. Density. 11,36 a. The density provisions of BIMC Title 18 are not exceeded; b. The maximum density was calculated pursuant 36 to the standards of BIMC 16.20.090.0 and reflects reduction relative to the suize of the wetland and wetland buffer areas. 2. Minimum Lot Size Requirements (Are met but do not apply. 37 a. All lots meet the 5,000sq. ft. minimum for lots served by public sewer... 3. Lot Setbacks and Dimensional Requirements. 37 a. All lots are 50 feet wide at the minimum lot width. b. The lots are appropriate size, shape, and orientation. c. All setbacks meet minimum requirements. 4. Landscape Buffers. 22 a. Roadside buffers would fufill purpose of maintaining native vegetation and providing visual relief. b. Effectively minimum roadside buffers 50 -ft. wide 22 would be provided along both street frontages providing visual relief along public roads.. e. Only allowed activities (ingress /egress, underground 19 utilities trail for nonmotorized transportation, and planting) in buffer areas. f. Landscape buffer areas (including in the Open 17,22 Space tract) would be consistent with A.4. above; all native vegetation retained except that limited removal allowed for permitted activities. 17.04.080.B Landscaping would be consistent with standards of 17.04.080.A.4, see above. 17.04.080.0 1. Existing roadway character maintained through preservation 22 of roadside vegetation. 2. and 3. Access would be consistent with the "City 23, 24, 25 of Bainbridge Island Design and Construction Standards and Specifications" and impervious surfaces would be minimized by having small driveway widths and using pervious paving materials. 4. Traffic regulatory signs and mailboxes shall be Condition 24 provided and their location indicated on the plat. 5. No transit stops have been recommended by Kitsap Transit. 6. Pedestrian and bicycle circulation and access to the lots and 16,20 the Open Space tract would be provided through sidewalk and trails, consistent with the nonmotorized transportation plan. Special emphasis shall be placed on providing pedestrian access to proposed recreational and/or open space areas. Subdivision Decision Criteria: BIMC 17.04.094 62. BIMC17.04.094.A.1 requires that applicable subdivision development standards be satisfied. Here, the applicable development standards are the Flexible Lot Standards of BIMC 17.04.080 and the Flexible Lot Design Open Space Standards of BIMC BIMC 17.04.082. As noted in Finding 61, those standards are met. 63. Consistent with BIMC 17.04.094.A.2, the proposed subdivision, as conditioned, would make appropriate provisions for the public health and safety by providing all necessary and appropriate utilities, improvements, and dedications. 64. In satisfacion of BIMC 17.04.094.A.3, the subdivision has been prepared consistent with flexible lot design process. 65. The subdivision, as conditioned, would be consistent with the requirement of BIMC 17.04.094.A.4 that it conform to the Critical Areas Ordinance (BIMC Chapter 16.20). The wetland would be protected by preservation of the open space tract. 66. BIMC 17.04.094.A.5 requires that the City Engineer determine that a subdivision conforms to the applicable regulations and standards pertaining to drainage and water quality. This requirement is met as the Public Works Department has reviewed the preliminary subdivision submittals and has final approval authority for the construction and installation of those improvements. 67. Without the Certificate of Concurrency required by BIMC 15.32.030, this subdivision does not comply with all applicable provisions of the Bainbridge Island Municipal Code as is required by BIMC 17.04.094.A.6. As conditioned, it would comply with all applicable provisions of RCW 36.70 (Health and Safety issues regarding water and public health), RCW 58.17 (State subdivision statute), and other applicable state and federal regulations. 68. As required by BIMC 17.04.094.A.7, the proposed subdivision is in accord with the Comprehensive Plan. Consistent with its OSR -2 designation, the subdivision as conditioned, is designed to reflect neighborhood character by having a 50 -ft. vegetative buffer and only two lots on Ferncliff Avenue, in addition to preserving a large Open Space tract. Some citizens have commented that this subdivision would be developed at a "density" unlike the rest of the neighborhood along Femcliff Avenue, but the five proposed residential lots would be of a size similar to those of the Woodland Village subdivision to the north. 69. The finding, required by BIMC 17.04.094.13, that the public use and interest would be served, cannot be made until the Certificate of Concurrency is provided. With that exception, the subdivision provides the necessary and appropriate utilities and public improvements [pedestrian paths, stormwater facilities, domestic water, fire flow, and sewer] consistent with the public use and interest. Also, the public use and interest would be served by providing protection for the wetland and wetland buffer and by providing five new residential lots. Conclusions 1. The Hearing Examiner's jurisdiction in this matter is from BIMC 2.16.110.C.2, which directs that the Hearing Examiner hold a public hearing and make a recommendation to the City Council on subdivision applications. 2. All requirements for notice and opportunity to comment have been met. This matter will be properly before the City Council consistent with the provisions of BIMC 17.04.095 that govern Council's consideration of preliminary subdivisions. 3. Five residential lots are permitted. The density calculation has been made consistent with a sound interpretation of the applicable Code sections [BIMC 16.20.090, limited density calculation; 18.30.040, R -2 standards; and, 17.04.080 and 17.04.082, flex lot standards]. The entire site could yield five lots, each 20,000 sq. ft. However, the much smaller proposed lots are "clustered" on the northern parcel so as to preserve the southern two- thirds of the parcel in an Open Space tract that includes a Category III wetland and pedestrian trails for public access. This appears to be wholly consistent with the purpose of the City's subdivision regulations and with the purpose of the R -2 zone. 4. A SEPA Mitigated Determination of Nonsignificance (MDNS) was properly issued by PCD. That MDNS was not appealed; however, the Recommended Conditions should be imposed to ensure the necessary and expected mitigation of likely impacts. 5. The new access points on Ferncliff Avenue would have proper sight distance, are adequately separated, and would not present a safety hazard. 6. The Certificate of Concurrency requirement has not been met. Without the Certificate of Concurrency, it cannot be concluded that all the requirements of the City's Code have been met. 7. The development of the five proposed lots would mean the loss of many trees and a radical change in the current appearance of the northern third of the site. However, the 50 -ft. wide roadside buffer along Ferncliff Avenue would screen or block views of most of the tree loss and the new residences. From Ferncliff Avenue, except where the driveways intersect it, the houses would be behind a 50 -ft. wide forested strip. The southern two- thirds of the site, retained in its current natural condition in open space, would be unchanged. 8. The pedestrian path across the open space would provide for safe pedestrian travel from Ferncliff Avenue to the Stonecress Condominium property to the west. The sidewalk along Ferncliff Avenue would provide the same safe passage for pedestrians going between High School Road and Woodland Village. 9. The Director has provided a lengthy list of recommended conditions appropriate to properly mitigate the likely construction- related impacts and long -term impacts of development of this subdivision. The Hearing Examiner's recommendation includes some modifications to these conditions as necessitated by the information gained during the hearing process. These modifications include: requiring recordation of the Open Space Management Plan and the Homeowners Association documents to put future homeowners on notice as to their responsibilities for maintaining and preserving the Open Space tract and the consideration of drainage swales alongside the private driveways in the stormwater control design. 10. The subdivision complies with the flexible lot standards of BIMC 17.04.080. 11. The subdivision could be approved relative to the requirement that it meets the preliminary subdivision decision criteria of BIMC 17.04.094.A.1 through A.5 and A.7, but without the Certificate of Concurrency, it does not meet the requirement of BIMC 17.04.094.A.6 that it comply with all applicable provisions of the City's Code. Also, without a concurrency determination (i.e., that there would be no undue burden on existing transportation facilities), the finding that the subdivision would serve the public use and interest [BIMC 17.04.094.13], cannot be made. Recommendation It is the recommendation of the Hearing Examiner that the application of Stonecress LLC [SUB 13090] for the subdivision known as "The Hamlet" NOT BE APPROVED until a Certificate of Concurrency is in the record. Once the record is complete, it would be the Hearing Examiner's recommendation that the application be approved with the conditions that comprise Appendix A. Entered this 2nd day of August 2005. /S/ Meredith A. Getches City of Bainbridge Island Hearing Examiner pro tem Concerning Further Review The City Council makes the City's final decisions on preliminary subdivision applications. City Council decision procedures are found at BIMC 2.16.110. APPENDIX A RECOMMENDED CONDITIONS THE HAMLET SUBDIVISION [SUB13090] 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. The Final Plat shall be in substantial conformance with the subdivision plat maps date stamped March 17, 2005; specifically, Sheets 1, 2, 3, 4 of Exhibit 60 and Exhibit 69 which is Sheet 5). 3. 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. 4. All graded materials removed from the subdivision, if deposited on Bainbridge Island, shall be at a City approved location. (Note: local regulations require that a grade /fill permit is obtained for any grading or filling of 50 cubic yards of material or more.) 5. 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) 6. 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. Prior any construction occurring between October 1, and April 31 a TESCP specifically addressing wet weather conditions shall be reviewed and approved by the City Engineer. 7. The final stormwater system design shall be in conformance with BIMC Chapter 15.20 and with all requirements of the Department of Ecology Stormwater Manual. In the course of designing the stormwater system, consideration shall be given to the inclusion of drainage swale(s) alongside the curved section(s) of the access driveway (see Finding 52). 8. Privately held stormwater facilities require ongoing future operation and maintenance. If required to comply with the DOE stormwater manual, the applicant shall name a responsible party that can appropriately maintain, repair or replace the facility as needed prior to final plat approval. The applicant shall submit an Operation and Maintenance Plan for the stormwater facilities and record a Declaration of Covenant to meet the requirements of BIMC 15.21. 9. The access driveways shall be constructed to "minimally adequate" standards and approved by the Fire Department. In addition, the "emergency access only" barrier shall be approved by the Department of Public Works prior to installation. 10. The construction staging areas shall be outside critical areas and their buffers. Construction fencing or silt fencing shall be placed adjacent to critical area buffers prior to issuance of any permit that allows clearing in the vicinity of the buffers. 11. The applicant shall relocate /construct a pedestrian trail if, and only as necessary to correspond to the trail and easement shown on the subdivision drawings date stamped March 17, 2005 [Exhibit 60]. Construction of the trail shall be completed prior to final plat approval. 12. The northerly wetland buffer adjacent to proposed Lot 5 shall be identified with a two - rail fence. (If the applicant, in consultation with the Director, determines that the northerly edge of the wetland buffer is better protected by installing a 6 foot fence, that option shall be considered.) The pedestrian trail (see I 1 above) that traverses the wetland from the west property line to Ferncliff Avenue, shall be delineated by a two -rail fence and/or signs on both sides of the trail. The signs may be separated by not more than fifty feet and shall identify the area as a protected wildlife habitat. The fencing and /or signs shall be installed prior to final plat approval. 13. No fertilizers, pesticides, or herbicides shall be used in 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. 14. In order to mitigate the impact on wildlife and wetland habitat, the delineated wetland buffer shall be preserved in native vegetation. Removal of invasive /non - native species may be permitted with a City approved replanting plan indicating the type of vegetation being removed and the type and quantity of native plants being provided. Replanting shall occur with shrubs on three -foot centers and native ground covers to provide complete coverage within three years. Hazard tree removal may be allowed with appropriate City approval and may require replanting. 15. (A) 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 two 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 be replaced in the same general location as the trees removed. 15. (B) The 15 -ft. wide setbacks along the western and northern boundaries of Lots 1, 2, 3, and 5 shall be "no -cut" zones and all significant trees must be retained; provided that, dead, dying and diseased trees (as determined by a qualified arborist) may be removed if they are in danger of damaging residential structures. 16. Any non - exempt tree harvesting shall require the appropriate Forest Practices Permit from the Department of Natural Resources. The conditions of The Hamlet Subdivision SUB 13090 shall become conditions of the Forest Practices Permit. 17. 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) 18. In order to mitigate any noise impacts, all construction activities must comply with BIMC Section 16.16.025, Limitation of Construction Activities. 19. All lighting within the subdivision shall comply with the City's Lighting Ordinance, BIMC Chapter 15.34. 20. Building setbacks and lot coverage requirements shall be shown on the final plat, specifically: ■ Building to Building: ■ Building to Exterior Property Line: ■ Building to Trail or Open Space: ■ Maximum Lot Coverage per Lot: ■ Building to wetland buffer: ■ Building to Femcliff Avenue: Minimum 10 feet separation Minimum 15 feet Minimum 10 feet Maximum 5,165 sq. ft. Minimum 15 feet Minimum 50 feet 21. 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. 22. 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 which are not considered by the Engineering Department to be life, health, or safety related items. 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." 23. The applicant shall dedicate additional five feet right -of -way adjacent to Ferncliff Avenue NE as shown on the Plat drawing date stamped March 17, 2005. 24. 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. 25. 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. 26. Prior to issuance of any building or utility permit for improvement activities, final construction plans in compliance with the City of Bainbridge Island Design and Construction Standards and Specifications, shall be approved by the City `Public Works Department. 27. A 50 foot native vegetation buffer is required along Ferncliff Avenue NE and NE High School Road. The buffer vegetation shall be left in its natural state except as necessary to remove invasive plants and dead or dying trees as necessary (with the approval of the Director) to ensure the safety of the trail, sidewalk, and residential structures. If invasive plants are removed, the buffer area shall be replanted in a manner that maintains the buffer screening function and a replanting plan shall be submitted to the Department of Planning for review and approval. 28. At final plat submittal, the applicant shall submit a final Open Space Management Plan that is consistent with BIMC 17.04 and contains the provisions "a" through "e" listed below for approval by the Director of Planning and Community Development. A note on the final plat shall stipulate that the lots are subject to the provisions of the Open Space Management Plan and the Open Space Management Plan shall be recorded with the final plat. a. Open Space Tract 1 shall be open space in perpetuity. The Open Space Management Plan, drafted in accordance with Bainbridge Island Municipal Code (BIMC) Sections 17.12.090 (G) and (H), and approved by the Director shall direct how this open space is utilized and maintained. b. Existing vegetation shall be retained in the open space areas except for roadways, driveways, and trails and except for hazard trees approved for removal utilizing the procedures outlined in BIMC 18.85.060(A)(2)(b) & (c). c. The open space management plan shall state that no buildings are permitted. d. The open space management plan may note that trimming and limbing of vegetation for the creation and maintenance of view corridors in accordance with BIMC 16.20.080(D) is permitted. e. The pedestrian trail that traverses the northern portion of Open Space Tract 1 (as shown in Exhibit 60, Sheet 4) shall be maintained in a safe and useable condition, available for the public to use for legal and non - destructive passage across the property. 29. A draft Homeowners Agreement, approved by the Director, shall be included in the final plat submittal. This agreement shall specify the organization, membership, and function of the Homeowners Association. It shall be clearly expressed that the purpose and responsibility of the Homeowners Association includes the management and maintenance of Open Space Tract 1, including payment of all costs associated with that management and maintenance, in accord with the Open Space Management Plan. This agreement shall be recorded with the final plat. 30. The following conditions shall be placed on the final plat: 1, 4 - 10, 13 - 21, 25 and 27. APPENDIX B EXHIBIT LIST THE HAMLET SUBDIVISION [SUB130901 Compiled 4- 13 -05. Amended 4- 20 -05, 5 -5 -05, 6 -29 -05 Planner: Tom Bonsell Public Hearing before the Hearing Examiner: 5 -5 -05 @ 10:00 a.m. Exhibit # Description Dated Date Rec'd By COBI #Pages 1 Routing Information 1 2 Historical Data form 1 3 Historical Data: Initial Tree Evaluation by Beck 11 -17 -97 13 (Northwest Arborvitae 4 Historical Data: Martin/Patterson Short Plat - Open 2 -25 -02 3 -16 -02 3ds Space Management Plan 5 Historical Data: Memorandum to Morse from Gates 9 -27 -01 3 -15 -02 2 (Adolfson Associates Inc.) 6 Historical Data: Corres from Kucinski ( Kucinski 5 -12 -99 5 Consulting Services, Inc.) to Kalinowski (WS Dept Fish & Wildlife 7 Historical Data: Wetland Delineation (Wiltermood 10 -2 -92 11 Associates 8 Historical Data: Corres to Smith from Bartlett 5 -29 -02 5 -30 -02 2 (Wiltermood Associates, Inc.) re: Affects of Detention Pond Outlet on east side of Stonecress project. 9 Historical Data: Notice of Mitigated Determination of 6 -26 -02 18 Nonsi nificance 10 Associated Fee information 12 -2 -04 12 -2 -04 2 11 Site Plan (pervious aver Browne Engineering) 11 -23 -04 12 -2 -04 1 2 Plans: A. Legal Description (1 of 5) B. 11 -10 -04 12 -2 -03 5 Dedications /Easement Provisions (2 of 5) C. Existing Conditions (3 of 5) D. Preliminary Plat Lot areas (4 of 5). E. Preliminary Plat Lots 5 of 5 13 Reduced Plans: Pages 1 -5 11 -10 -04 12 -2 -04 5 14 Environmental Checklist 11 -19 -04 12 -2 -04 14 15 Open Space Management Plan 11 -11 -04 12 -2 -04 2 16 Geotechnical Slope Evaluation (Myers Biod namics) 3 -4 -02 12 -2 -04 6 17 Water and Sewer Availability letter from Newkirk 11 -22 -04 12 -2 -04 2 COBI 18 Lot Closures 11 -9 -04 12 -2 -04 4 19 Requests for review: Fire Dept., O &M, Public Works 12 -2 -04 3 20 Application 12 -2 -04 12 -2 -04 11 21 Corres to Skinner from Gladstein re: staff assignment 12 -2 -04 1 22 Routing Slip 12 -2 -04 1 23 Review Comments: Fire Dept. 12 -2 -04 12 -14 -04 2 24 Corres to Skinner from Gladstein re: complete application 12 -15 -04 1 25 Memorandum to Berry from Bonsell re: legal notice 12 -13 -04 1 26 Notice of Application/SEPA comment period 12 -18 -04 15 27 Notice of Application/SEPA comment period noticing documentation 12 -18 -04 21 28 Corres to Mayor and City Council from Danzig re: request for extension of comments period and public records request 12 -22 -04 12 -22 -04 3 29 Corres to DPCD from Hellrie el re: objections 12 -22 -04 12 -22 -04 1 30 Corres to /from Bonsell/Danzig re: extension of comment period denied 12 -22 -04 12 -22 -04 2 31 Corres to /from Scott /Danzig /Bonsell re: support for extended comment period 12 -22 -04 12 -22 -04 2 32 Corres to Danzig /Bonsell from Reyes re: support for extended comment period 12 -22 -04 12 -22 -04 1 33 Corres to Council/Mayor from Spence re: support for extended comment period 12 -22 -04 12 -22 -04 2 34 Corres to Council from Jarecke re: support for extended comment period 12 -22 -04 12 -22 -04 1 35 Corres to Danzig/Bonsell from Eiseman re: support for extended comment period 12 -22 -04 12 -22 -04 1 36 Corres to Scott from Rice re: requested files listing 12 -22 -04 12 -22 -04 4 37 Corres to Danzig from Rice re: file listing 12 -22 -04 2ds 38 Corres to Mayor et al from Frazier re: extension of comment period 12 -22 -04 12 -22 -04 1 39 Corres to neighboring property owners from Bonsell re: extension of comment period 12 -22 -04 3 40 Certificate of Posting 12 -23 -04 12 -27 -04 1 41 Affidavit of Posting: Notice of Application 12 -29 -04 1 42 Corres to DPCD from Proctor re: concerns 12 -30 -04 1 -4 -05 2 43 Corres to Bonsell from Denlinger re: objections (E- mail and hard copy) 1 -3 -05 1 -4 -05 3 44 Corres to Planning Commission from Stroman re: concerns 1 -12 -5 1 -12 -05 1 45 Corres to Bonsell from Mattson re: concerns 1 -13 -05 1 -13 -05 2 46 Corres to Bonsell from Taylor re: concerns 1 -13 -05 1 -13 -05 1 47 Corres to Bonsell from Wood re: concerns 1 -16 -05 1 -18 -05 2 48 Corres to Bonsell from Hayes re: concerns 1 -15 -05 1 -18 -05 1 49 Corres to Bonsell from Andrus re: concerns 1 -17 -05 1 -18 -05 1 50 Corres to Planning Commission from Brent re: concerns 1 -17 -05 1 -18 -05 2 51 Corres to Bonsell from Gifford re: concerns 1 -17 -05 1 -18 -05 2 52 Corres to /from Reyes/Rice re: attachment 1 -18 -05 1 -18 -05 1 53 Corres to Frazier from Korten re: concerns 1 -17 -05 1 -18 -05 1 54 Corres to Bonsell from Eiseman re: concerns 1 -18 -05 1 -18 -05 2 55 Corres to Bonsell from Campbell re: concerns 1 -17 -05 1 -18 -05 4 56 Corres to Bonsell from De pew re: concerns 1 -16 -05 1 -24 -05 6 57 Corres to /from Brent/Wilder re: quasi judicial process 1 -25 -05 1 -25 -05 2 58 Notice of SEPA Determination of Nonsignificance 3 -18 -05 1 59 Notice of SEPA Determination of Nonsignificance noticing documentation 3 -18 -05 5ds 60 Revised Plans: A. Legal Description (1 of 5) B. Dedications/Easement Provisions (2 of 5) C. Existing Conditions (3 of 5) D. Preliminary Plat Lot areas and open space tract (4 of 5). E. Preliminary Plat Lots E. Open Space 3 -15 -05 3 -17 -05 61 Reduced Revised Plans (Pages 1 -5 3 -15 -05 3 -17 -05 5 62 Revised Application 3 -17 -05 3 -17 -05 11 63 Wetland Analysis Report (Wiltermood and Associates, Inc. 3 -8 -05 3 -11 -05 44ds 64 Request for Review: Natural Resource Planner 12 -2 -05 2 65 Revised Wetland Analysis Report (Wiltermood Associates, Inc 3 -8 -05 3 -17 -05 15 66 Revised Lot Closures 3 -16 -05 3 -17 -05 4 67 Plan: Sheet 5 of 5 4 -5 -05 4 -6 -05 1 68 Site Plan: (pervious aver ) (Browne Engineering) 11 -23 -04 4 -7 -05 1 69 Preliminary Plat Ma (Adam & Goldsworthy) 4 -5 -05 4 -6 -05 1 70 Requests for Review: Natural Resource Planner, Fire Dept., O &M, Public Works. 4 -5 -05 10 71 Review Comments: Fire Dept. 4 -5 -05 2 72 Corres to Bonsell from Adam (Adam & Goldsworthy) re: transmittal 4 -6 -05 4 -6 -05 1 73 Requests to review records 74 STAFF REPORT 75 Public Hearing Notice documentation 76 Memorandum from Public Works Department. 4 -19 -05 4 -19 -05 3 77 Corres to HEX from Campbell 5 -4 -05 5 -5 -05 12 78 Photograph of toppled trees 5 -5 -05 1 79 Site Plan - Sight Line Evaluation - Ferncliff Ave 5 -5 -05 1 80 ORDER REOPENING RECORD 6 -2 -05 6 -2 -05 1 81 Revised Open Space Management Plan 6 -6 -05 6 -6 -05 2 82 Corres to HEX from Bonsell re: Response to request for clarification on questions of open space and density calcs. 6 -27 -05 9 APPENDIX C HEARING NOTES May 5, 2005 THE HAMLET SUBDIVISION [SUB13090] EXAMINER: Meredith A. Getches PARTIES PRESENT: Applicant David Smith Central Highland Builders P.O. Box 1306 Bremerton, WA 98337 Larry Skinner John L. Scott Real Estate 5900 Gunderson Road Poulsbo, WA WITNESSES /SPEAKERS: Lois Andrus 8982 Ferncliff Ave. NE Bainbridge Island, WA 98110 James Denlinger 10131 NE Garibaldi Loop Bainbridge Island, WA 98110 Vince Mattson 9651 Green Spot Place Bainbridge Island, WA 98110 Adam Wheeler Browne Engineering 149 Finch Place SW Bainbridge Island, WA 98110 ASSISTANT: Diane Sawyer Dept. Representative Tom Bonsell, Planner Dept. of Planning and Community Development Phillip O'Hartigan Linda Warren, MD 10770 Broomgerrie Road Bainbridge Island, WA 98110 Jocelyn Brent 8134 Eleanor Place Bainbridge Island, WA 98110 Public Hearing convened at 10:00 a.m. Tape Count Speaker ID Topic /Subiect Summary Tape 1: 0000 HEX Introductory Remarks re: hearing format, order of presentation. 0180 Introductions: Tom Bonsell, Planner The hearing recessed at 11:20 a.m. and reconvened at 11:30 a.m. 2366 HEX/Bonsell David Smith, Developer 2446 Warren Larry Skinner, Realtor Adam Wheeler, Browne Engineering. 0225 Andrus Sworn. Concerns re: open space management. 0262 Denlinger Sworn. Concerns re: Comp Plan, open space buffers, property ownership, tree removal. 2735 Wheeler Provided photograph (Exhibit 78 entered). 2765 Smith Continued concerns re: trail easements, wetland 2784 Mattson delineation, access, drainage, process. 0664 O'Hartigan Sworn. Support for project. Concerns re: drainage 2970 Mattson management. 0746 Bonsell Sworn. Introduced application; gave recommendation. HEX/Bonsell Question and Answer: conditions. 0984 Bonsell Response to public comments. 1175 Smith Sworn. 1222 Bonsell Offered Woodland Village plan in re: no cut buffer. 1260 Smith Response to public comments in re: trees, clustering, 3364 Brent open space, low impact development standards, ownership. 1491 Bonsell Comments re: ownership. 1522 Smith Clarification of wetland survey. 1570 Wheeler Comments re: low impact development techniques. 1736 HEX /Wheeler Question and Answer: Drainage. HEX /Smith Question and Answer: building footprint. 1876 Wheeler Continued testimony re: drainage, fire access, vehicular access. 2018 HEX /Smith Question and Answer: wetland survey, trail, open space dedication, clustering. The hearing recessed at 11:20 a.m. and reconvened at 11:30 a.m. 2366 HEX/Bonsell Question and Answer: sight lines. 2446 Warren Sworn. Concerns: density increase in re stormwater runoff, landslide potential. 2513 O'Hartigan Concerns: run -off contaminants. 2528 Bonsell Response: run -off requirements. Discussion of drainage plan. 2735 Wheeler Response. 2765 Smith "Green" building practices. 2784 Mattson Opposition to road barrier. 2879 Bonsell Response. 2970 Mattson Response. 3010 HEX/Smith Questions and Answer: two driveways. Bonsell Response. 3060 Skinner Sworn. Response. 3155 Wheeler Response. 3190 Sight distance evaluation. (EXHIBIT 79 entered) 3274 HEX /Smith Driveway, directional signs. 3364 Brent Concerns: traffic, children's safety, trees, support Comp Plan. 3520 Denlinger Professional background. Concerns: prior comments not addressed, trees, process, objection to project. Question to Skinner. 3756 HEX/Bonsell /Smith Question and Answer: density calculations, flex lot design. 3940 Smith Comments re: buffers, drainage. 3950 Wheeler Comments re: drainage. 3986 HEX /Bonsell Request similar clustered site information. 4021 Bonsell Comments: low impact development. 4054 Brent Concerns: not low impact, impact to trees. 4082 Smith Response. There being no further testimony, the hearing and record were closed at 12:25 p.m.