Loading...
THE HAMLET (SUB13090) FILE I FINDINGS AND RECOMMENDA nON OF THE HEARING EXAMINER In the Matter of the Application of STONECRESSLLC SUBI3090 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 infonnation 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 (BlMC 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 L 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 SUB 1309Q Page 1 of 32 SUB13090 Page 2 of32 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 621- The revised application reduced the number of residential lots to five. APPUCATlON 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] 5. Woodland Village, a recently dcvcloped 27-unit single family subdivision, is directly north ofthe 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 Femcliff Avenue. [Exhibit 74, Staff Report, page 8; Exhibit 82; Testimony of Smith] 4. Site vegetation includes of western red cedar, Douglas fir, western hemlock, and red alder. The wetland is a mosaic offorested and scrub shrub vegetation classes: canopy of red alder and red cedar; understory dominated by salmonberry; small hummocks and downed logs host Sword fem, evergreen huckleberry and salal; Spiraea dominating the scrub shrub; and, herbaceous groundcover dominated by stinging nettle and "youth-on- age". [Exhibit 16, pages J-3; Exhibit 63, pages 3-6] 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"10. A C.ategory 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] 2, The legal description [Exhibit 60, Sheet I j for the subject property is: Lot B and Open Space Tract 2 of the Stoneeress 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. rectangular in shape with a north-south dimension of 630.70 feet fronting Ferncliff Avenue and an east-west dimension of233.13 ft. fronting High School Road. [Exhibit 60, Sheet 3; Exhibit 74, Staff Report, page I] 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 (rcplacing 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] Prooosed 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 Bon sell] AREAS After Right-of-Way Dedication Open Space Tract Residential Lot 1 Residential Lot 2 Residential Lot 3 Residential Lot 4 Residential Lot 5 T olals 88,600 sq. ft. 6,899 sq. ft. 6,366 sq. ft. 6,899 sq. ft. 6,366 sq. ft. 10.003 sa. ft. 129,134 sq. ft. 0.16 acres 0.19 acres 0.16 acres 0.19 acres O. 16 acres 0.23 acres 2.96 acres Open Soace 12. The 88,600 sq. ft. Open Space tract is approximately 67"10 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 II]. 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 reeenl delineation marks a larger wetland (see current boundaries in Exhibit 61, Sheet 4, and SUB 13090 Page 3 of 32 SUB 13090 Page 4 of32 17. The proposal includes 100"10 tree retention in the Open Spacc 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 II, Exhibit 74; Testimony of Bonsell} 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 StonecTCSS project and provides pedestrian connection from the Stonecress condominium property to Ferncliff Avenue At hearing it was observed that the mappPd location ofthe trail does not correspond with its actual location. The applicant clarified that the trail was originally installed in the wrong location and has beell 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]. IS. Consistent with BlMC 16.20.090, Recommended Condition 20 would requirl' future home construction on Lot S to observe a 1 s-t't. building setback from the wetland buffer [see Exhibit 69]. 14. Recommended Condition 12 would require that the northern and southern boundaries ofthe wetland buffer be identified by a split rail fence and that signs identifY the east and west edges of the buffer, Recommended Condition i3 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 requinng replacement. 13. The wetland delineation rCbulted 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 oflots 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 Bonseli] original boundaries in Exhibit 13, Sheet 4). The wetland delineation was performed by qualified professionals using the methodologies prescribed hy Department of Ecology and Corps of Engineers. The wetland boundaries we.., flagged in the field and then surveyed. J 8. Public comments suggest a misundcrstanding that this proponent had, as a part of the Stonecress condominium and short plat proposaJ, 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 Spacc Management Plan [Exhibit 8 I] 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 n..'Sponsible 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 pial 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 Ferncliff Avenue frontage [Exhibit 74, Staff Report, page lOl 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 71 reters to "two private driveways", each to "serve three lots" [see Exhibit 13, Sheet Sl That is, there would be two access points on SUBI3090 Page 5 of32 SUfll3090 Page 6 of32 28. Tile 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 he 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 northem third of the site, using narrow driveways with pervious surfacing (rather than having publi~ streets that would be wider and paved), and having small building envelopes on each residential Jot ("footprint" of house and garage to be 1,500 sq. ft. 27. An existing 5-ft. wide concrete sidewalk along the Femcliff Avenue frontage provides a pedestrian connection between High School Road on the south and Woodland Village on the north. (At the Femcliff 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 pan of the Stonecress proja,'t. To keep away from the wetland, part of the sidewalk encroaches slightly into the Femcliff 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~f-way dedication along the length of the Ferncliff Avenue frontage. 26. The driveways at Femeliff 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 ofWbeeler). 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 68J 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 Depanment. Fernclitf: 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 V-shaped driveway [see Exhibit 69J, but are considered tW9 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 I, 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 lsland Design and Construction Standards and Specifications, 7-01 Design Requirements] and the proponent's desire to avoid pavement to keep impervious surfuces to a minimum, maximum). Also. the stormwater from the impervious surfaces would be routed to on- site infiltration or bioretenoon 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, stonnwater control facilities would be designed in during the Building Permit process to the satisrnctioo 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]. PCDCONSIDERATlON AND RECOMMENDATION SEPA Review and Public Comment 30. PeD 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, Exbibit 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 tbe 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 DUmber to aid in review of specific concerns: Stephen He\1riegel [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 10 CUTrent 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 sighl. SUB I 3090 Page 7 002 SUB 13090 Page 8 of 32 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: IO-ft. 36. The proposed subdivision is consistent with the zoning provisions of BlMC 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 ofthe R-2 zone is applied, the result is five allowable lots. [Exhibit 74, Staff Report, pages 10-13; Testimony of Bon sell]. Zoning and Land Use 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. 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 MONS was not appealed [Staff Report, page 1, Exhibit 74J. 33. The comments were all submitted prior to the new wetland delineation and prior to the application being revised from six lots to five. . The two cgress points will be dangerous this close to High School Road intersection. . Object to further "deforestation". The trees in the southcrn 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? minimum distance between buildings; IS-ft. minimum distance between buildings and the subdivision boundary; lO-ft. minimum distance between buildings and the Open Space tract boundarics; 15-ft. minimum distance between buildings and thc 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 ofBIMC 17.04.080.A,3.d would apply the 20"10 maximum lot coverage limit in the R-2 zone (see BIMC 18.30.050) to the entire properly and assign a portion of the total to each lot created. (BIMe 18.06.650 defines "{o/ (:overage" 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 he 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 trccs along NE High SehooJ Road and Ferncliff Avenue NE...lots are clustered...providing 69 percent open spaec...the wetland is being protected...provide[sj a pedestrian path..." Recommended Conditions I 1, 12, 13, 14, 15, and 20 related to the aspects mentioned, support this conclusion. Review and Comment bv 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 aU the comments are iocluded in the record regarding this application. DeDV Al/;encv Exhibit . Fire Dept. 23 76 Comment Access must he to Public Wodes standards; must have Public Works approval for the emergency-only access barrier; new hydrant may he required. Water & Sewer: Can be served by City water and sewer (site is within City's current service boundaries and service available in adjacent street). Engineerimz: Requircd signs must be included; stormwater collection and control must be designed by licensed engineer and meet City; standards; removable boUard (emergency-only access barrier) must be coordinated with Fire Marshall. . Public 17 Works SUB13090 Page 9 of32 SUB13090 Page 10 of32 c. Provision of adequate vehieular and pedestrian access [9, II, 23, 28, 29J; appropriate utility infrastructure and improvements [8, 22, 24, 26]; preservation and maintenance of landscape buffers [27, 28, 29]; compliance with zonmg requirements and conditions of sulxlivision approval [2, 20], b. Mitigation of environmental impacts lISSOCialed with long-term residential use of the site as related to: stormwater control [7, 8J; wetland protection {12, 13, 14, 28, 29J; preservation of native vegetation and significant trees [14,15,16,27,28. 29J; schools [25]; light and glare [19). a. Mitigation of environmental impacts associated with construction as related to: erosionfsedimentation and runoff (3, 4, 6, !O]; air quality [5J; slope/soil stability [3, 10]; noise [18]; archaeological artifacts [21]. 44. The Recommended Conditions (see numbers bracketed below) provide appropriate mitigation and regulation as follows: 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. Director's Recommendation and Staff Repolt 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 resuh, but preliminary subdivision approval requires a Certificate of Concurrency. A concurrency test is required by RIMC 15.32.030A.1 [see Finding 54] with preliminary plals for "slIbdMsion of ftr.e 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 /lOt cause undue burden on existing transponation facilities. Developments with less than 50 trips per day are exempt from the concurrency requirement exc.tWt 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. 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 oftws determination in the Public Works memo. 45. A Geotechnical Slope Evaluation [Exhibit 16] was prcpared in 2002 in the course of the review of the StOJlecress short plat (see Finding 5) That report noted an area in the subject site that has slopes of 15% or greatet'. These slopes are present in parts of proposed Lots 3, 4 and 5 [Site Plan in Exhibit] 6; Exhibit 60, Sheets 3 and 4]. No evidence of current risk: or recent or historic inatability was round. The evaluation ooncludes 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 Bon sell; 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 tract are not clear. The mechanics of the public dedication of the open space . James Denlin8er The proposal is not in keeping with intent ofComp 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.) . Phillio Q'Hartill:en Is on the Board of Stonecress and is generally supportive of proposal; concerned that drainagc from residential development needs more SUB13090 Page II of3 2 SUHB090 Page 12 of 32 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'HartigenJ, is worth considering. The stormwater control system design must be reviewed for compliance with City standards. Recommended Condition 7 would 51. The issue of tree safety was discussed at hearing [Finding 49; Testimony of SmithJ, When stands of trees are small in the face of sustained high winds, there is danger that they will fail. Woodland Village has a IS-ft. wide "no-eut" lone 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 trecs within the IS-ft. wide setback on.the north and west sides of the subject site may need to be removed for safety reasons. Recommended Condition ISH would require that the IS-ft. wide setback he a "no-cut" zone which mayor may not result io a stand that is, in the aggregate, string enough to withstand high winds, but the removal of diseased, dead, or dying trecs could occur within the "no-cut" :zone to protect residential structures. 50. A comment letter [Exhibit 77J 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 comer 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 Ferncliff; questions having two entrances so close together and the ability of emergency vehicles to utilize the interior road; notes that c1ear-eutting on the northernmost portion of the site, will isolate and thus jeopardize the integrity of remaining trees (ineluding trees in the Woodland Village subdivision to the north) by exposing them to sustained winds. . Jocelvn 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, . Vince M~ttson The emergency-only barrier has no practicality; forces people to turn around on private property . 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. analysis and should include swale on south side of roadway at the curve, to avoid adverse runoff impact to wetland. (See Finding 52.) rcquire that swalcs alongside the drivcways 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 ehapter include the following definitions of interest in reviewing this application: "Flexil1le lot design" means a design process which permits flexibility in la/ dlNelopment and encourages a more creative approach than traditionallot-by- 10/ subdivision. The flexible lot design process includes 10/ design standards, guidance on the placement of buildings, use of open spaces and circulation which best addresse;' site characteristics. This design process permits clustering of lots, with a variety of lot sizes, to provide open space, maintain island charader and protect the Island's natural systems. The aiteria 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. /2 RIMe .... .. "Landscape perimeter" means a landscape buffer located along a subdivision boundary The landscape perimeter may contain established native vegetation or additionallanthcaping. "Open space" means any area of land which is predominately undeveloped and which provides physical and/or visual relief from the developed em>ironment Open space may consist of undeveloped areas. such as pastures and farmlands, w()Q{/lands, greenbelts, crilical area.~, pedestrian corridors and other natllral areas... ...... "Preliminary plat" means a drawing of a proposed subdivision. which shows the general layout of lots, tracts, streets, and other inJimnalion required by Ihis chapter, resolutions, ordinances or administrative rules oj the departmenLthe basis for approval or disapproval of the general layout ofa subdivi..;on. 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 offive or more residentiallols); 2. Site plan and design review; 3. Any other land use plan or permit, the granting of which would increase the demand jOr transportation/aci/ities by 50 or more trips per day, per the iTE Trip Generation Marmat. B. The following development permits are exempt from this chapter, and applicants may submit applications, obtain development permits and commence dCVf!lopment without a certificate of concurrency: sun 13090 Page IJ of32 SUB13090 Page 14 of 32 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. 58. BIMC 18.30.010 states that the purpose of the R-2 zone is to: "...provide for residennal neighborhoods oj increased density in a rural environment. .. Zoning and Flex Lot Provisions __. to regulate the subdivision of /and to promote the public health, softty and general welfare... To carry out this purpose and further the comprehensive plan policies addressing residential subdivision of /and.__ this chapter establishes a flexible lot process that promotes the preservation of open space, consolidation of open space, and clustering of deve/apment wjthtn residential subdivisions. This process __.limits the development impacl area. minimizes impervious SllrjQce area and provides for greater flexibility In the division and establishment of residential Jots. 57. The express "Purpose" of tile subdivision chapter [BIMc 17,04.020] includes the following: 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 Exaroiner is to hold a public hearing; transmit the recommendation to the City Council in a eonsoldiated report [DIMC 2.l6.11O.C], 55. BIMC 2.16,025.8.2 classifies action on a subdivision application as a quasi- judicial land use decision, DIMC 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 ofBIMC 17.04.094. Subdivision Review Process and Puq)ose J. Any development permit issued for uses, densities and Intensities that were disclosed In a completed application filed before the .afective date of this chapter. 2. Any dewlopment permit for development that generates less than 50 trips per day, except as pruvidedfor in subsection A of this section. e 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.- I. A concurrerwy test has been conducted In accordance with BIMe J 5.32.040 and a certificate of concurrency has been issued; or 2. The application has been determined to be erempt from the concurrency test as provided in subsection B of this section. A. Development Standards ". ,. Density. o. The number of residential lots created in a subdivision shall not exceed the density provisions ofBlMC Tit/elS: b. Properties containing wetlands and/or wetland buffer areas are subject to reduction of the marimum density puTSUDf1t to the standards of BIMC 16,20.090.C." .... 2. MinimumLol Size Requirements. o. Five thousand square feet ifserved by public sewer". ..... 3. Lot Setbacks and Dimensionol Requirements. a. AIl/ot!.' sholl be 50 feet wide at the minimum lot width... b. Insofar as practical, side lot lines sholl 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 seporation; 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 1 O-foot setback.; 4. Landscape Buffers. a. __.landscape buffers are to enhance and retain the character of the Island by maintaining native vegetation alang roadways".providing vi9lllll relief along public roads and between subdivisions and other eJCtsllng development... b. ."R.2". where established vegetation of a forested nature is located adjacent to public roads __. a 50-foot wide vegetative buffer shan 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 Iandscoping."shaIl be required within". landscape perimeter buffirs 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 permit/ed acnvities located within the bulfrr area. .... .. B. Landscape Standards. Landscaping shall be established consistent with the requirements of subsection A.4 of this secrton and street tree planting requirements of Chapter18,85 RIMC, and any other significant tree retention requt rement. 50013090 Page 1501'32 SUB13090 Page 16 of 32 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 pubhc use and inlerest, including those items 11sled in RCW 58.17.110; 3. The preliminary residential subdivision has been prepared consistent with the requirements q{ the flexible lot design process; 4. Any portion '?f a subdivitrion that contains a criticalorea. as defined in Chapter 16.20 BlMC, cmrforms to all requirements ofthot chapter: 5. The city engineer determines that the preliminary subdivision meets thefollowing: a. The subdivision cunforms to regulations conceming drainage (Chapter 15.20 BIMC). b. The subdivision will 7101 cause an undue burden on the drainage basin or waler qUDlity and will not unreasonably interfere with rhe use and e'!ioy_nt of properties downstream, 60. The criteria for preliminary subdivision approval, found at BIMC 17.04.094, require that: Subdivision Anproval Criteria C. Roads and Pedestrian Access Performance Standards. 1. Existing roadway character shall be maintained where practical. This may be accomplished through the reducHon of roadway width consistent with subsection C. 3 of this .Tection, 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 Cunstruction Standards and Specifications." To minimize impervious ,'utfaces, public lights-of-way, access easements and roadways shall not be greater than the minimum required to meet standards, COnllCClions to existing off-stte roads which abut /he subject properly shall be required where practicable. except through critical areas and/or their buffers, 3. Variation from Road Requirements, A variatitm from the road requirements and standards contrJiMd within the "City of Bainbridge Island Design and Construction Standards and Specifications" may be approved by the city engineer, if sllch a reduction !'Wet.. the pul'f'Oses of this chapter. 4. SlreeE names. traffic regulatory signs and mailboxes shall be provided The location of these shall be indicated on the plat. 5. Transits/ops shall be provided as recommended by Kitsap Transit. 6. Pedestrian and bicycle circulation and (lCcess within a subdivision and onto the site shall be provided through walkways, paths. sidewalks, or trails and shall be consistent with the nonnwlOrized transportation plan, Ordinance 2002-09, Special emphasis shall be placed 011 providing pedestrian access to proposed recreali(}1/Q[ and/or open spoce arcas. 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 arc adequate to accommodate anffcipated traffic. e. The subdivision conJorms to ihe requirements oJthis chapter Clnd the standards in tile "City oj Bainbridge Iskmd Design and Construction Standards and Specifications," =ept as otherwise authorized by in BlMC 17.04.080. C. 3,- 6. The pruposal complies with all applicable pruvisions oj this code, Chapters 58.17 and 36.70A RCW, and aU other applicable provisions oj 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 wntten findin~ 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 ofBIMe 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.A2. and 17.04,080.A3 would met although they are not required [see Finding 58]. Code Section Findinll:s 17.04.080.A I. Density. a. The density provisions ofBIMC Titlel8 are not exceeded; b. The maximum density was calculated pursuant to the standards ofBlMe 16.20'<190.C and reflects reduction relative to the suize of the wetland and wetland buffer areas. 11,36 36 * * * 2. Minimum Lot Size Requirements (Are met but do not apply. 37 a. All lots meet the 5,OOOsq. ft. minimum fur 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 setbaeks meet minimum requirements. 4. Landscape Buffers. 22 a. Roadside buffers would fufill purpose of maintaining SUB 13090 Page 17of32 SUB13090 Page 18 ofJ2 62. BlMC17.04.094.A.1 requires that applicable subdivision development standards be satisfied. Here, the applieable development standards are the Flexible Lot Standards SubdlvisiOl.LQ~isj9!].c.rileria: BIMC 17,04.094 16,20 6. Pedestrian and bicycle circulation and access to the lots and the Open Space tract would be provided through sidewalk and trails, consistent witb the nonmotorized transportation plan. Special emphasis shall be placed on providing pedestrian access to proposed recreational and/or open space areas. 5. No transit stops have been recommended by Kitsap Transit. Condition 24 4. Traffic regulatory signs and mailboxes shall be provided and their location indicated on the pIaL. 23, 24, 25 2. and 3. Access would be consistent with the "City 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. 17.04.080.C I. Existing roadway character maintained through preservation 22 of roadside vegetation. 17.04.080.8 Landscaping would be consistent with standards of 17.04.080.AA, see above. 19 c. Only allowed aetivities (ingrcsslcgn:ss, underground utilities trail for nonmotorized transportation, and planting) in buffer areas. t'. Landscape buffer areas (including in the Open Space tract) would be consistent with A.4. above; all native vegetation retained except that limited removal allowed for permitted activities. .. . 17,22 * * * 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.. of BIMC 17.04.080 and the Flexible Lot Design Open Space Standards of BTMC BIMC 17.04.082. As noted in Finding 61, those standards are met. 63. Consistent with BIMCI7.04,094.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 BIMe 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 17.04.094A4 that it conform to tile Critical Areas Ordinance (BlMC 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 witb all applicable provisions of tbe Bainbridge Island Municipal Code as is required by BIMC 17.04.094.A.6. As conditioned, it would comply with all applicable provisions ofRCW 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 BTMC I7.04.094.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 SO-fl. vegetative buffer and only two lots on Femcliff 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.B, that the public use and interest would he served, cannot he 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 mcilities, domestic water, fire flow, and sewer] eonsistent 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. SUB 13090 Page 190f32 SUB13090 Page 20 of 32 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 8. The pedestrian path across the open space would provide for safe pedestrian travel /Tom 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. 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 Femcliff 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. 6. The Certificate of Concurrency requirement has not been met. Without the Certificate of Concurrency, it cannot be concluded that all tbe requirements of the City's Code have been met. 5. The new access points on Pefficliff Avenue would have proper sight distance, are adequately separated, and would not present a salety hazard. 4. A SEPA Mitigated Determination of Nonsignifieance (MONS) was properly issued by PCD. That MONS was not appealed; however, the Recommended Conditions should be imposed to ensure the necessary and expected mitigation of likely impacts. 3. Five residential lots are permitted. The density calculation has been made consistem with a sound interpretation of the applicable Code sections [BlMC 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. 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. I. 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. Conclusions development of this subdivision. The Hearing Examiner's recommendation includcs some modifications to these conditions as necessitated by the infonnation 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 Spacc tract and the consideration of drainage swales alongside the private driveways in the stonnwater control design. ]0. The subdivision complies with the flexible lot standards ofBIMC 17.04.080 ] 1. The subdivision could be approved relative to the requirement that it meets the preliminary subdivision decision criteria ofBIMc 17.04.094.A.J through A.5 and A.7, but without the Certificate of Concurrency, it does not meet the requirement of BIMC ]7.04.094.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 ]7.04.094,BJ, 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 --... oo,"""re Ap""" A ~_ ^'", /\ ... r ""'''''' Ih;,,,,,,,., of _.2005. ~ Meredith A. Getches City of Bainbridge Island Hearing Examiner pro tem Concerning Further Review The City Council makes the City's final decisions on preJimimuy subdivision applications. City Council dceision procedures are found at BIMC 2.16,110. SUB13090 Page 21 of 32 SUB 13090 Page 22 of 32 9. The a;:cess driveways shall be constructed to "mioimaJly adequat<:" standards and approved by the Fire DepartmeDl:. In addition, the ~emergency access only" barrier shall be approved by the Depar1rnent of Public Works prior to installation. 8. Privately held stormwater facilities require ongoing future operation and maintenance. If required to comply with the DOE stonnwater 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 DecIaration of Covenant to meet the requirements ofBIMC 15.21. 6. Public Works finds that the proposed activity is likely to cause measurable degradation of surlace water quality without a propel' 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 I, and April 3 I a TESCP specifically addressing wet weather conditions shall be reviewed and approved by the City Engineer. 7. The final stonnwater system design shall be in conformance with BIMC Chapter 15.20 and with all requirements of the Deparbnent of Ecology Stormwater Manual. In the eourse 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). 5 . To mitigate impacts on air quality during earth moving activities, contractors shall conform to Puget Sound Clean Air Agency Regulations, which insure that reaSOJ>able precautions are taken to avoid dust emissions. (Section 16.08.040, BIMC) 3. No elearing 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.) 2. TItc Final Plat shall be in substantial conformance with the subdivision plat maps date stamped March 17,2005; specifically, Sheds 1,2,3,4 of Exhibit 60 and Exhibit 69 which is Sheet 5). 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. RECOMMENDED CONDITIONS TIlE HAMLET SUBDIVISION ISUBl3000J APPENDIX A 10. The eonslruet;on staging areas shall be outside critical areas and their buffcrs. Construction fencing or silt fencing shall be placed adja<:ent to critical area buffers prior to issuanee of any pennit that allows clearing in the vicinity of the buffers. II. The applicant shall reloeatelconstruct 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 l Exhibit 601. 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 applieant, in consultation with the Director, determines that the northerly edgc of the wetland buffer is better protected by installing a 6 fOOt fence, that option shall be considered.) lbe pedestrian trail (see II above) that traverses the wetland from the west property line to Femcliff Avenue, shall be delineated by a two-rail fence and/or signs on both sides ofthc trail. The signs may be separated by not more thaJl fifty feet and shall identifY the area as a protected wildlife habitat. The fencing and/or signs shall be installed poor 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 (!PM) 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 t)pe and quantity of native plants being provided. Replanting shall occur with shrubs on three-foot ccnters and native ground eovers to provide complete coverage within three years. Hazard tree removal may be allowed with appropriate City approval and may requirc replanting. 15. (A) To discourage the removal of wildlife habitat, significant trees that arc 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 sIand. The replacement rate delen:nines 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 IS-ft. wide setbacks along the western and northern boundaries of Lots I, 2, 3, and 5 shall be "no-cut" zones and all significant trees must be retained; provided that, dead, dying and disea..'ICd trees (as detennined by a qualified arborist) may be removed if they are in danger of damaging residential structures. 16. Any non-cxempt tree harvesting shall require the appropriatc Forest Practices Pennit from the Department of Natural Resources. The conditions of The Hamlet Subdivision SUB 13090 shall become conditions of the Forest Practiccs Pennit. SUB13090 Page 23 of32 50013090 Page 24 of32 23. 1be applicant shall dedicate additional five feet right-of-way adjacent to Femcliff Avenue NE as shown on the Plat drawing dare stamped March 17,2005. 22. PIlbIie and private improvements, facilities. and infrastructure, on and off the site that an: 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 thc City may be used (in lieu of physical completion), to secure and provide for the completion of necessary faciHties wbieh arc not considered by the Engineering Department to be life, health, or safety related items. Any sueh assurance device shall be in place prior to final plat approval, shall emunerate in delailthe items being assured, and shall require that all such items will be completal 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 bc allowed until the required improvements are formally accepted by the City. Additionally, a prominent note on the face of the Final plat drawing sha.II state: "The lots created by tbis plat are subject to collditians of lID lI5S.ranee device /JeId by the city for tile completion of certain necessary facilities. Buildinc permits may not be issued andlor occupancy may not be allowed until such necessary facilities are completed alld approved by the City of Bainbridge IsIaIld. AD purcbaseJ'S sbaD satisfy themselves as to the status of completion of the netessary faeilities." 21. Contnu:tor is required to stop work and immediately notify the Departnwot of Planning and Community Development and the Washington State Office of Archaeology and Historic Preservation if any historical or archaeologica1 artifilds are unc:overed during excavation or construction. Minimum 10 feet sepamtion Minimum 15 feet Minimum 10 feet Maximum 5,165 sq. ft. Minimum 15 feet Minimum 50 feet . Building to Building: . Building to Exterior Propelty Line: . Building to Trail or Open Space: . Maximum Lot Coverage per Lot: . Building to wetland buffer: . Building to Femcliff Avenue: 20. Building setbacks and lot coverage requirements shall be shown on the final plat, specifically: 19. All lighting within the subdivision shall comply with the City's Lighting Ordinance, BIMC Chapter 15.34. 18. In ordcr to mitigate any noise impacts, all eonstruetion activities must comply with B1MC Section 16.16.025, Limitation of Construction Activities. 17. On site mobile fueling from temp<muy 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&:ology, Stormwater Management Manual, August 2001, see Volume IV "Source Control BMPs for Mobile Fueling of Vehicles and Heavy Equipment".) (Chapter 173-304 WAC) 24. Approved strect names, trame regulatory signs, and accessible mailbox locations that do not restrict pedestrian acces~ must be shown on the construction drawings, which shall be submitted prior to final plat. 25. School impact fees shall bc paid in accordance with the following provisions. for each of the ereawd lots, prior to final plat approval the applieant shall pay onc 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 ofthc created lols shall pay one half of the sehool impact fee in effect at the time of building permit issuance. 26. Prior to issuance of any building or utility permit fur 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 Femcliff A venue NE and NE High School Road. The buffer vegetation shall be left in its natural state except as necesS3Jy 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 "-'Planted in a manner that maintains the buffer screening function and a replanting plan shall be submitted to the DqJartment of Plarming for review and approval. 28. At final plat submittal, the applicant shall submit a final Open Space Management Plan that is eonsistent with BIMC 17.04 and eontains thc provisions "a" through "e" listed bclow fur 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. Opcn Space Tract I sball be open space in perpetuity. The Open Space Management Plan, drafted in acoordance with Bainbridge Island Municipal Code (BIMe) Sections 17.12.090 (0) 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 h3l'-al'd trees approved for removal utilizing the procedures outlined in BIMC 18.85.060(A)(2)(b) & (c). e. The open spac:e 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(0) is permitted. e. The pedestrian trail that traverses the northern portion of Open Space Tract I (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-destmctive passage across the property. 29. A draft Homeowners Agreement, approved by the Director, shall be included in the final plat submittal. This agreement shall spceifY the organization, membcrship, and functIon of the Homconucrs Association It shall be clearly expressed that the purpose and responsibility of the Homeowners Association includes the management and maintenance of Open Space Tract I, including payment of all eosts associated n~th that management and maintL-nancc, in accord with the Open Space MilIlagement Plan. This agreement shall be recorded with the final plat. 5U813090 Page 25 ofJ3 SUB I 3090 Page 26 of 32 #l'aIl :es I Routing tnfonnation ] 2 Historical Data furm I 3 Historical Data: JnitiaI Tree Evaluation by Beck 11-17-97 13 (Northwest ArlJon.-itae) 4 Historical Data: MartinlPatterson Short Plat - Open 2-25-02 3-]6-02 3ds' Space M Plan 5 Historical Data: Memorandum to Morse from Gates 9-27-01 3-15-02 2 (AdoUSon Associates lnc.) 6 Historical Data: Corres ftom Kucinski (Kucinski 5-12-99 5 Coosulting 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 ftom Bartlett 5-2~2 5-30-02 2 (Wiltennood Associates, !nc,) rc: AffooIs of Detention Pond Outlet on east side of Stonec::ress project. 9 Historical Data: Notice of Mitigated Determination 6-26-02 18 ofNoosUwificance 10 Associated Fee information 12-2-04 ]2-2-04 2 II Site Plan (pervious paver) (Browne Engineering) 11-23~ 12-241 I 2 PIaus: 11-10-04 12-2-03 5 A. Legal Description (I ofs) B. DedicatiollSlBasemellt ProvisiOllS (2of5) C. Existing Conditions (3 of 5) D. Preliminary Plat Lot areas (4 of5). E. Preliminary Plat Lots (5 of 5) Date Rec'd By COBI Dated Description Exhibit /I Public Hearing before the Hearing Examiner: 5-5-05 @ 10;00 a.m. Planner: Tom BODsell Compiled 4-13-05. Amended 4-20-05, 5-5-05, 6-29-05 EXHIBIT LIST THE HAMLET SUBDIVISION [SUBlJ090J APPENDIX B 13 Reduced Plans: Patres 1-5 11-10-04 12-2-04 5 14 Environmenta1 Checklist 11-19-04 12-2-04 14 15 Open Space Manasemcnt Plan II-II -04 12-2-04 2 16 Geotcx:hnical Slope Evaluation (Myers Biodynamics) 3-4-02 12-2-04 6 17 Water and Sewer Availability letter from Newkirk 1I-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 I 22 Routing Slip 12-2-04 I 23 Review Comments: Fire Dept. 12-2-04 12-14-04 2 24 Cones to Skinner from Gladstein reo complete 12-15-04 I , llDolication 25 Men""....dum to Beny from BooseU re: legal notice 12-13-04 1 26 Notice of ApplicationlSEP A COJIIII\ent period 12-18-04 15 27 NoIice of ApplicationlSEP A wmmenl period 12-18-04 21 noticing documentation 28 Cones to Mayor and City Council ftom Danzig reo 12-22-04 12-22-04 3 request fur extension of eommeuts period and public records 29 Corres to DPCD from HelIriegel reo objections 12-22-04 12-22-04 I 30 Corres m'from BonsclllDanzig reo extension of 12-22-04 12-22-04 2 comment period denied 31 Corres m'from ScottIDanziglBonsell reo support for 12.22-04 12-22-04 2 extended cornmeal: neriod 32 Coms to DanziglB<msell from Reyes re: support fur 12-22-04 12-22-04 I extended commeot .. 33 Corres to CouncillMayor from Spence reo support fur 12-22-04 12-22-04 2 extended commeDt neriod 34 Corres to CmUleil from Jarecke re: support fur 12-22-04 12-22-04 I extended eommeot oeriod 35 Corres to Danzig'Boosell from Eiseman reo support 12-22-04 12-22-04 1 for extended commeot period 36 Corrcs to Soott 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 aI from Frazier reo extension of 12-22,(14 12-22-04 I comment period SUB t 3090 Page 27 002 . SUBI3090 Page 28 of32 39 Corres to neighboring property owners from Bonsell 12-22-04 3 rc: extension of comment period 40 Ccrtiftcate of Posting 12-23--04 12-27--04 I 41 Affidavit of Posting: Notice of Application 12-29-M 1 42 Cones to OPeO from Proctor reo coneems 11-30--04 1-4-05 2 43 Cones 10 HouseD from Denlinger re: objections (E- 1-3-05 1-4-05 3 mail and bard eoov) 44 Cortes to Planning Commission from Stroman 1<:: 1-12-5 1-l2-O5 I concerns 45 Cones to Bonsell from Mattson reo concerns 1-13..05 1-13-OS 2 46 Cones to Bonsell from Taylor reo concerns 1-13..oS J-13-{)5 1 47 Cones to Bonsell from Wood re: coneerns 1-16-05 1-18-{)5 2 48 Corres to Bonsell from Hayes re: COIlcemS I-IS-OS 1-18-{)j I 49 Corres to Bonsell from Andrus re: concerns 1-17..oS 1-18..05 I 50 Cones to Planning Commission from Brent reo 1-17..05 l-Ill-{)S 2 concerns 51 Cones to HouseD from Gifford re: concerns 1-17..05 l-18-0S 2 52 Cones toIftom Reyes/Riee re: attachment 1-I8-0S 1-18-05 I 53 Corres to Frazier from Korten re: ooncems 1-17-05 1-18-05 1 54 Cones to Bonsell from Eiseman re: concerns 1-18-05 1-18..oS 2 55 Corres to Bonsell from Campbell re: concerns 1-17-<)5 J-18-{)5 4 56 Corres to Bonscll from Depew reo concerns 1-16-05 1-24-{)5 6 57 Corres toIftom BrentlWilder re: quasi judicial 1-25"{15 1-25-05 2 I process 58 Notice ofSEPA Determination ofNonsignificance 3-18-05 I 59 Notice of SEPA Determination of Nonsignificance 3-18-05 5ds notieing documentation 60 Revised Plans: 3-15-{)5 3-17-{)5 A. legal Description (1 of 5) B. DcdicationslEasement Provisions (2 of 5) C. Existing Conditions (3 of 5) D. Preliminary Plat Lot areas and open space tract (40f5). E. Preliminary Plat Lots E. ()pen Space 61 Reduced Revised Plans (Pages 1-5) 3-15-05 3-17--05 5 62 Revised Application 3-I7-05 3-17-{)5 II 63 Wetland Analysis Report (Wiltennood and 3-8-1I5 3-11-05 44ds Associates, Inc.) 64 Request fur Review: Natwal Resource Planner 12-2-05 2 65 Revised Wetland Analysis Report (Wiltennood 3-8-05 3-17-05 15 Associates, Ine) 66 Revised Lot Closures 3-16-05 3-17-05 4 67 Plan: Sheet 5 of 5 4-5-05 4-6--05 I 68 Site Plan: (pervious paver) (Browne Engineering) 11-23-04 4-7--05 1 69 Preliminary Plat Map (Adam & Goldsworthy) 4-5-05 4-6-05 I 70 Requests for Review: Natural Resource Planner, Fire 4-5-05 10 ~., O&M, Public Worlcs. 71 Review Comments: Fire Dept. 4-5-05 2 72 Corres to Boosell from Adam (Adam & ~5 4-6--05 1 Goldsworthv) re: transmitlal 73 Requests to review records 74 STAFF REPORT 75 Public Hearing Notice docwnenlation 76 Memorandum from Public Works Department. 4-19-05 4-19-05 3 77 Coms 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-a-05 6-6-05 2 82 Corres to HEX from Bonsell re: Response to request 6-27-05 9 for clarification on questions of open space and density calcs, SUB 13090 Page 29 002 SUB 13090 Page 30 of 32 Introductory Remarks reo hearing fonuat, order of presentation. Tom Boosell, Planner 0180 Introductions: ToDiclSuhiect SummarY TIlDe Count Soeahr ID Tape 1: 0000 HEX Public Hearing convened at 10:00 a.m. Adam Wheeler Browne Engineering 149 Finch Place SW Bainbridge Island, WA 98110 Jocelyn Brent 8134 Eleanor Place Baiobridgelslaad, WA 98110 ViJU:e Mattson 9651 Green Spot Place Bainbrid~ Island, W A 98110 Linda Warreo, MD 10770 Broomgerrie Road Bainbridge Island, W A 98110 James Denlinger 10131 NE Garibaldi Loop Bainbridee Island, W A 98110 PhiDip O'Hartigan WITNESSES/SPEAKERS: Lois Andrus 8982 Ferndilf Ave. NE Bainbridge Island, WA 98110 Larry Skinner John L. SeGtt Real Estate 5900 Gunderson Road Poulsbo, W A Deut. Renresentative Tom Honsel!, Planner Dept. of Plann'De and Community Development AppliCJInt David Smith CentraJ Highland Builders P.O. Boa 1306 Bremerton, W A 98337 PARTIES PRESENT: ASSISTANT: Diane Sawyer EXAMiNER: Meredith A. Cetebes THE HAMLET SUBDMSION (SOOI3090) HEARING NOTES May 5, 2005 APPENDIX C 0225 0262 Andrus Denlinger 0664 O'Hartigan 0746 Bonsell HEXJBonsell 0984 Bonsell 1175 Smith 1222 Bonsell 1260 Smith 1491 Bonsell ]522 Smith ]570 Wheeler 1736 HEXiWheeler HEX/Smith 1876 Wheeler 2018 HEX/Smith David Smitb, Developer Larry Skinner, ReaItur Adam Wheeler, Browne Engineering. Sworn. Concerns re: open space tl1lllIlIgement. Sworn. Conccrns re: Comp Plan, open space buffers, property ownership, tree removal. Provided photograph (Exhibit 78 entered). Continued concerns re: trail easements, wetland delineation, access, drainage, process. Sworn. Support fur project. Concerns re: drainage management. Sworn. lntroduced application; gave recommendation. Question and Answer: conditions. Response to public comments. Sworn. Offered Woodland Village plan in re: no cut buffer. Response to public comments in re: trees, clustering, open space, low impact development standards, ownership. Comments re: ownership. Clarification of wetland survey. Comments re: low impact developll1Cnt techniques. Question and Answer: Drainage. Question and Answer: building footprint, Continued testimony re: drainage, fire access, vehicular access. Question and Answer: wetland survey, tJail, open space dedication, clustering. The hearing recessed at II :20 a.m. and reconvened at 11 :30 a.m. 2366 2446 HEXlBonscll Warrro 2513 2528 O'Hartigan Bonsell 2735 2765 2784 2879 2970 3010 Wheeler Smith Mattson Bonsel! Mattson HEXlSmith Bonsell Skinner Wheeler 3060 3155 3190 3274 HEXlSmith Question and Answer: sight lines. Sworn, Concerns: density inercase in re stormwater runoff, landslide potential. Concerns: run-off conlaminants. Response: run-off requirements. Discussion of drainage plan. Response, "Green" building practices. Opposition to road barrier. Response. Response. Questions and Answer: two driveways. Response. Sworn. Response. Response. Sight distance evaluation. (EXHIBIT 79 entered) Driveway, directi00l11 signs. SUB13090 Page 31 of32 SUB13090 Page 320f32 There being no further testimony, the bearing aDd record were closed at 12:25 p,m, Concerns: traffic, children's safety, trees, supportComp Plan. Professional badgrOlUld. Concerns: priOT comments not addressed, trees, process, objection to project. Question to Skinner. Question and Answer: density calculatiollS., flex lot design. Comments te: buffers, drainage. Comments re: drainage. Request similar clustered site information. Conunents: low impact development. Concerns: Dollnw impact, impact to trees. Response. Smith Wheeler HEXIBonsell Bonsell Brent Smith 3940 3950 3986 4021 4054 4082 HEXIBonselVSmith 3756 Denlinger 3520 Brent 3364