050608_opal_ridge_II_hex_recommendationFINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER
In the Matter of the Application of
KOKEN LANDS, LLC. SUB14558
for preliminary plat approval for a
subdivision known as "Opal Ridge II"
Background
Koken Lands, LLC. applied for preliminary plat approval for "Opal Ridge II ", a
nine lot subdivision located at Opal Ridge Lane west of Gazzam Lake. The Director
recommends approval of the subdivision, subject to numerous conditions. The open
record public hearing was held on April 24, 2008, and the parties were represented as
follows: the Director, Planning and Community Development Department (PCD or
Department), by Joshua Machen, Senior Planner, and the Koken Lands ( "Applicant ") by
Matthew MacLearnsberry, project engineer, and Bill Carruthers and Albert Goethals,
principals. The Hearing Examiner closed the record on May 2, 2008.
For the purposes of this recommendation, `BIMC" and "Code" refer to the
Bainbridge Island Municipal Code, as amended.
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
I. Two parcels comprise the subject site, Tax Lot Numbers 332502 -1- 070 -2009 and
332502 -2- 015 -2005, and total 21.34 acres in area. The site is located to the west of the
Opal Ridge I short subdivision which has access via a private roadway connecting with
Lynwood Center Road. The site is east of Gazzam Lake Park and south of City -owned
property containing the refuse transfer station. The subject site is undeveloped and is
completely forested except for an area that has been cleared for a future road. [Exhibit
53, Staff Report]
2. The legal description for the subject property is:
Tract C of City of Bainbridge Island Short Plat No. BI -186 (FSPT- 11616)
recorded under Auditor's File Nos. 200504220031 and 200504220032
being a portion of the Southwest quarter of the Northeast quarter, Section
33, Township 25 North, Range 2 East W.M., in Kitsap County
Washington. TOGETHER WITH the North one -half of the Southeast
quarter of the Northwest quarter of Section 33, Township 25 North, Range
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2 East, W.M., in Kitsap County, Washington. AND TOGETHER with an
easement for access and utilities as described in City of Bainbridge Island
Short Plat No. BI -186 (FSPT- 11616) recorded under Auditor's File Nos.
200504220031 and 200504220032. [Exhibit 56]
3. The subject property is relatively level but in the northeast corner there are slopes
varying from 15 -40 percent so a geotechnical report was required. The report determined
that these slopes were stable and did not qualify as geologically hazardous areas. There
are no wetlands or other critical areas on the site. [Testimony of Machen; Exhibit 10]
4. Access to the site will be from a new public roadway within the plat extending west
from Opal Ridge Lane, which is to be dedicated and further improved. Lynwood Center
Road, a secondary arterial, leads to Opal Ridge Lane.
5. The subject site is zoned R -0.4, 1 Unit per 2.5 Acres (100,000 sq.ft.), and the
Comprehensive Plan designation is OSR -0.4, Open space residential. Land surrounding
on all sides is also zoned R -0.4. The City's refuse transfer station in located to the north,
Gazzam Lake Park adjoins the west side of the subject property, the Opal Ridge I single
family development is to the east, and land to the south is largely undeveloped.
SUBDIVISION PROPOSAL
6. An application for the "Opal Ridge II" subdivision was filed on June 7, 2007. The
application [Exhibit 16] proposes nine residential lots and two tracts under the flexible lot
design subdivision regulations.
7. Subdivisions established pursuant to the flexible lot design process are subject to
the development standards of BIMC 17.04.080.A, including the following applicable to
this application:
A. Development Standards...
I Density.
a. The number of residential lots created in a subdivision shall not
exceed the density provisions of BIMC Titlel8;
2. Minimum Lot Size Requirements.
b. Twelve thousand five hundred square feet or as specified by the
health district if septic drainfield is located within the lot...
3. Lot Setbacks and Dimensional Requirements.
a. All lots shall be 50 feet wide as measured at the minimum lot width...
b. Insofar as practical, side lot lines shall be at right angles to street
lines or radial to curved 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 25 fee in R -0.4 only;
iii. Building to right -of -way ... 15-foot setback
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d. Maximum Lot Coverage... as specified in BIMC Title 18 ... shall be
assigned to each lot...
4. Landscape Buffers
c. . Park Buffers .... a 25 foot buffer... where the land adjacent to the
subdivision boundary is a park...
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.
8. The proposed lots would range in size from one to five acres. [Exhibit 56] Tract A
was part of Opal Ridge I short plat and will remain a separate tract to be used for
stormwater infiltration. Tract B encompasses the steeper area in the northeast corner and
extends the open space on around the subdivision.
9. The proposed subdivision is consistent with the density provisions for the R -0.4
zone under the flexible lot design standards. The subject site has a total area of 929,623
square feet and the minimum lot size in the zone is 2.5 acres or 100,000 sq. ft. With the
flexible lot design standards, the individual lots may be less than the minimum where the
overall area average meets the minimum for required area. Here, there are lots less than
2.5 acres but the average for the subdivision meets the minimum. [Exhibits 53 and 56]
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10. All proposed lots are in excess of 50 ft. wide at the minimum lot width
measurement, as required by the BIMC 17.04.080A(3)(a). The sizes, shapes, and
orientation are appropriate. The configuration of the lots would allow for compliance
with required setbacks and Recommended Condition 34 would require listing the
following setback requirements on the final plat:
■ Building to building separation- Minimum 10 ft.
■ Residence to residence separation — 50 ft. (Fire Protection Separation)
■ Building to subdivision boundary- Minimum 25 ft. setback
■ Building to open space- Minimum 10 ft. setback
■ Building to right -of -way- Minimum 15 ft.
11. The 10 percent maximum lot coverage limitation for the R -0.4 zone applies to the
entire property due to the flexible lot standards. The applicant has assigned lot coverage
to the individual lots as required by Section 17.04.080A(3)(d). Proposed Lots 1 -5 and 8
may cover 6,470 square feet, proposed Lot 6, 7,440 square feet, proposed Lot 7, 8,540
square feet and proposed Lot 9, 32,380 square feet. [Exhibit 56, p. 4] Recommended
Condition 34 would also require that the maximum lot coverage for each lot be listed on
the final plat.
12. The applicant proposes to dedicate a 40 ft. wide right of way for a roadway
extending Opal Ridge Lane from the adjacent short plat into Opal Ridge II in a cul -de-
sac. That roadway would have 18 ft. of hard surface with three -foot wide shoulders. The
existing roadway in Opal Ridge I will be improved and dedicated as well, as required by
a condition of the short plat approval in the event of subdivision of the subject site.
[Exhibit 3; Testimony of Machen] A 31 ft. wide easement extending west from the cul-
de -sac would serve proposed Lot 9. To provide connectivity or street access for property
to the south when it is developed, the applicant worked with the Public Works
Department and agreed to provide a stub road in the southeast corner from the public
right of way south to the property line and dedicate an unimproved right of way between
proposed Lots 5 and 6 from the cul -de -sac south to the property line, thereby allowing the
opportunity for a looped roadway system to serve future development of the land to the
south. The City Engineer approved in concept an exception to the 12 percent grade
limitation for a portion of the access road because of existing topography. [Exhibit 54]
With that approval, the proposed roads would satisfy the City's design standards. A
condition of approval [Recommended Condition 12] would require the proposed street be
developed consistent with City's standards for this type of access. The Applicant has
agreed to construct the street improvements and make the rights -of -way dedications as
required but City Code.
13. The Director found that the proposed subdivision has the appropriate dedication of
rights -of -way. The Applicant would be required to complete the necessary improvements
needed to serve the plat prior to final plat approval or to provide a performance assurance
[Recommended Condition 17].
14. Emerald Heights Water, Inc., has committed to provide nine hookups and water
service for the subdivision. [Exhibit 14]
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15. The subdivided lots would be served by individual private septic systems. The
Kitsap County Health District has given preliminary approval of the on -site waste
disposal system and water supply, subject to water system expansion for available
connections. [Exhibits 3 and 4]
16. A preliminary drainage plan for the proposed roadways was submitted and
reviewed by the Public Works Department. Stormwater collected from the proposed cul-
de -sac roadway would go to an infiltration system in Tract A. That from the roadway
east of there would go into a system located near the Lynwood Center Road. Runoff
from roofs and other hard surfaces on individual lots would be infiltrated on each lot.
Recommended Conditions 5 -10 would require that stormwater control facilities be
designed in conformance with the applicable City and DOE regulations as determined by
the City Engineer, and that an easement be granted the City for access to and
maintenance of the off -site facility.
17. School impact fees are to be paid as required by BIMC Chapter 15.28.
18. The preliminary plat shows street names and the proposed mailbox locations as
required. [Exhibit 56]
19. Section 18.85.060 requires that, for the interior, either 30 percent of the tree canopy
or 15 percent of the significant trees be retained. The applicant proposes to meet the
requirement by preserving 30 percent of the site in open space, rather than doing a
significant tree inventory. [Testimony of Machen] The Code requires that up to 25
percent of the site be open space so the proposal exceeds the requirement. BIMC
17.04.082D.
20. Section 17.04.082A sets out the objectives to be accomplished by the designated
open space:
1. Conservation and enhancement of natural or scenic resources, including
wildlife habitat;
2. Protection of streams and /or the water supply;
3. Conservation of soils, wetlands, beaches or tidal marshes;
4. Enhancement of the value to abutting or neighboring parks, forests, wild
preserves, nature reservations or sanctuaries;
5. Enhancement of recreational and community agricultural opportunities;
6. Preservation of farmland and historic sites;
7. Preservation of unique natural land or rock features; or
8. Preservation of visual qualities along highway, road and street corridors or
scenic vistas.
21. Pedestrian trails within the open space would provide connections to the
park on the west. The open space would accomplish objectives related to habitat,
recreation, and forest and park enhancement.
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22. BIMC 17.04.082(B) establishes guidelines for open space configuration.
The proposal does concentrate the open space in a large area, as required, it
connects to the park with trails, and it will preserve vegetation on the steepest part
of the site.
23. Because the subject site is adjacent to Gazzam Lake Park, the Code requires a 25 ft.
buffer along the west property line of proposed Lot 9. Section 17.04.080A(4)c. Filtered
screen landscaping is required within park buffers if existing vegetation does provide
such screening. A condition (Recommended Condition 30) is recommended to assure
that the required screening is in place.
24. Within designated open space and park buffer areas, vegetation removal should be
limited. Recommended Condition No. 15 would limit that activity to a six ft. wide swath
for trails and require that trails be designed to avoid removal of significant trees.
25. The trails will be required to be constructed to Public Works design guidelines
including being graveled. Applicant's representatives urged a more natural treatment.
[Testimony of Carruthers] Mr. Machen has observed trails built to these standards and
reported that over time they take on a very natural look, and they require little
maintenance.
26. The proposal includes an Open Space Management Plan, as required by BIMC
17.04.082H.
27. Grading may be necessary for construction of the road, trails, driveways and
homesites. Clearing and/or grading would require a permit [Recommended Conditions 1
and 2] and all graded materials hauled from the site would be required to be properly
disposed of [see Recommended Condition 3]. During construction, these measures
would have to be implemented along with whatever precautions found by the Puget
Sound Clean Air Agency to be necessary to control dust emissions [see Recommended
Condition 4].
SEPA COMPLIANCE
28. As part of its consideration of the subject application, the Department did
environmental review, including a SEPA threshold determination. An Environmental
Checklist [Exhibit 11] was included with the application and the Department gave proper
notice of the SEPA comment period that began on July 14, 2007. [Exhibit 22].
29. The Department received and responded to two comment letters during its review
of this application. [Clark, Conlon and Holmes, Exhibit 24; Wenzlau Architects, Exhibit
18] The Staff Report [Exhibit 53 at p. 10] summarized the concerns raised and
responded (in bold below) as follows:
■ Access: One of the comment letters requested than an easement or right -of-
way access be granted from the new proposed road to connect to an existing
City right -of -way to the south of the subject property. This access connection
would allow for future connection and help to create a connection between the
adjacent neighborhoods. The Public Works Department has recommended
that the applicant dedicate a 30 foot right -of -way connecting the proposed
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extension of Opal Ridge Lane with the existing right -of -way to the south
east of the subject property (Condition #11).
■
Zoning: A concern was raised that in approving the subdivision, the City
would be changing the zoning and as a result there would be increased traffic
construction activity, noise and degradation of living conditions. While this
proposal does not change the zoning of the properties, it facilitates the
construction and development of nine new residential building lots. The
proposal is in compliance with the OSR -0.4 designation of the Bainbridge
Island Comprehensive Plan.
30. On March 31, 2008, the Director issued a SEPA Mitigated Determination of
Nonsignificance (MDNS) [Exhibit 49]. Notice of that decision was properly given. The
MDNS was not appealed. [Testimony of Machen] The MDNS was subject to 29
conditions mitigating impacts disclosed in the environmental checklist. The Director
recommends that those conditions be attached to approval of the preliminary plat.
[Exhibit 53, pp. 2 -6]
31. The Director found that the proposed subdivision did not provide adequately for
demands for and on recreation facilities and for protection of transit /school bus users.
The SEPA condition, No. 14, to require pedestrian trails throughout the open space to
provide recreation and connection to the park, would mitigate the impact on recreation.
A condition, No. 27, was imposed requiring a transit /school bus shelter along Lynwood
Center Road for shelter for transit passengers and school children to mitigate this impact.
COMMENT BY OTHER AGENCIES AND PUBLIC
32. The Fire Marshall reviewed the application and addressed height clearance, the
necessity of paving Opal Ridge Lane and road standards in his comments. [Exhibits 20
and 35]
33. The Public Works Department recommended approval of the preliminary
subdivision subject to conditions requiring an approved Storm Water Pollution
Prevention Plan and acceptable final inspection, the roadway built to City standards and
dedicated, a construction stormwater permit, acceptable inspection report of proposed
infiltration facilities, an easement to the City for access and maintenance of the public
stormwater facilities located offsite with a reserve area, design measures to protect the
public stormwater infiltration facilities during construction of plat infrastructure and
development on the lots, staking of lot corners, lot access to interior roads only, an
acceptable operations and maintenance plan and declaration of covenant for stormwater
facilities, completion and acceptance of required improvements prior to final subdivision
submittal, two year maintenance bond for infiltration facilities, compliance with
stormwater management requirements at time of building permit application and
acquisition of all required permits prior to any construction activity on individual lots.
[Exhibit 54]
34. The Public Works Department issued a Certificate of Concurrency [Exhibit 55] in
conformance with Section 15.32.040. The certificate shows that the City Engineer has
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determined that affected transportation facilities have adequate capacity to serve the
proposed development without adversely affecting the level of service standards at those
facilities. Transportation facilities are available and reserved for the the volumes shown
in the memorandum dated January 22, 2008. That memorandum estimates that
development on the site will generate an average of 86 weekday trips with 9 of those in
the PM peak hour. [Exhibit 44]
35. Kitsap County Health District gave preliminary approval of the on -site waste
disposal system and water supply subject to water system expansion for available
connections. [Exhibit 19]
36. No new transit stops were recommended by Kitsap Transit.
37. In addition to the agency comments, a written comment [Schroer, Exhibit 58] was
submitted at hearing regarding the rutted condition of Opal Ridge Lane and concern
about the effect of additional traffic on the road's condition. The proposal includes
dedicating and improving the existing road.
DIRECTOR'S RECOMMENDATION
38. The Staff Report regarding the subdivision application was issued on March 31,
2008. The Director recommended that the subdivision be approved with numerous
conditions. [Exhibit 53, pp. 2 -7] Recommended conditions No. 1 -29 are the conditions
the Director determined are necessary to mitigate adverse environmental impacts for
issuance of the SEPA MDNS. Though the applicant asked that Conditions Nos. 14 and
15 be modified, the applicant would need to have appealed the MDNS for modification to
be considered and the MDNS was not appealed. The remainder of the recommended
conditions, Nos. 30 -34, address the adequacy and protection of the park buffer, protection
of the designated open space, and technical requirements for and before the final plat.
Department staff noted that Recommended Condition No. 30 should refer to the "west"
25 feet of Lot 9, rather than the east 25 feet. The Recommended Conditions, as
corrected, are in Appendix A at the end of this Recommendation.
39. The conditions that the Director recommends be attached to the preliminary plat
approval would provide appropriate mitigation of potential environmental impacts and
assure compliance with relevant regulations as follows:
a. Mitigation of environmental impacts associated with construction as
related to: erosion/sedimentation, runoff, pollution [1,2,3,5,6,7,10,23];
air quality [4]; protection for significant trees [31 ]; noise [24];
historic /archaeological resources [26].
b. Mitigation of environmental impacts associated with long -term
residential use of the site as related to: stormwater control
[8,9,16,18,19]; preservation of significant trees [21,22,30,31 ]; schools
[28]; light and glare [25].
c. Provision of. adequate vehicular and pedestrian access
[11, 12,13,14,15,27]; appropriate utility infrastructure and improvements
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[17]; compliance with zoning requirements and conditions of
subdivision approval [20,32,33,34].
40. The Director concluded that, as conditioned, the proposed subdivision is consistent
with the Comprehensive Plan and the applicable sections of the Bainbridge Municipal
Code, including the Subdivisions Ordinance and the Zoning Ordinance.
SUBDIVISION REVIEW PROCESS AND CRITERIA
41. 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.
42. 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.
43. Notice of the public hearing on the application was mailed, posted, and published as
required by BIMC 2.16.085D. [Exhibit 52]
44. The criteria for preliminary subdivision approval, found at Section 17.04.094, are:
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...
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...
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 of properties 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.
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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.
45. RCW Ch. 58.17 sets out factors to be considered in approving subdivisions:
(1) The city, town, or county legislative body shall inquire into the public use and
interest proposed to be served by the establishment of the subdivision and
dedication. It shall determine: (a) If appropriate provisions are made for, but not
limited to, the public health, safety, and general welfare, for open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable
water supplies, sanitary wastes, parks and recreation, playgrounds, schools and
schoolgrounds, and shall consider all other relevant facts, including sidewalks
and other planning features that assure safe walking conditions for students who
only walk to and from school; and (b) whether the public interest will be served
by the subdivision and dedication.
RCW 58.17.110.
46. Consistent with BIMC 17.04.094.A(1), the flexible lot standards of BIMC
17.04.080 for density, lot size, setbacks and dimensions, and lot coverage are satisfied by
this subdivision as shown in Findings Nos. 9, 10, 11, 12, 13, 18, 19, and 21 above, as
well as the Flexible lot design open space standards of BIMC 17.04.082 for park buffers,
open space standards and provision of and Open Space Management Plan as shown in
Findings Nos. 21 -26.
47. As required by BIMC 17.04.094.A(2), the proposed subdivision, as conditioned,
would make appropriate provisions for the public health and safety by providing for all
necessary and appropriate open spaces, roadways, utilities, recreation, school support,
and dedications. The public interest would be served by new housing opportunities and
tax base.
48. In satisfacion of BIMC 17.04.094.A(3), the subdivision has been prepared
consistent with flexible lot design process.
49. As the site contains no critical areas, BIMC 17.04.094.A(4) does not apply.
50. 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 and will not interfere with the use of properties downstream. This requirement is
met as the Public Works Department has reviewed and approved the preliminary
subdivision submittals, has proposed conditions to assure conformance with regulations
and standards, and has final approval authority for the construction and installation of
those improvements. Conditions Nos. 4 -10. The Public Works Department also proposed
conditions to assure that the streets are adequate to serve anticipated traffic and
coordinate properly with adjacent properties. Conditions Nos. 12 -14. Other conditions
were proposed by the city engineer to assure that the subdivision would conform to the
standards in the City of Bainbridge Island Design and Construction Standards and
Specifications, except where deviations are approved.
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51. This subdivision complies with all applicable provisions of the Bainbridge Island
Municipal Code and the other state statutes listed in BIMC 17.04.094.A(6).
52. As required by BIMC 17.04.094.A(7), the proposed subdivision is in accord with
the Comprehensive Plan. Consistent with its Open space residential designation, the
subdivision as conditioned, would reflect community character in density and type of
residential development by preserving open space, providing a buffer to the park and
trails for recreation and connection to the park.
53. As noted in Finding No. 47 above, public use and interest would be served as the
subdivision provides nine new residential lots with the necessary and appropriate utilities
and public improvements [roadway improvements, stormwater facilities, domestic water
plus trails and openspace].
Conclusions
1. The Hearing Examiner has jurisdiction to make a recommendation to the City
Council on the subdivision application pursuant to BIMC 2.16.110.
2. The requirements for notice of the public hearing and 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. A SEPA Determination of Nonsignificance (MDNS) was properly issued by the
Department. That determination was not appealed. The MDNS conditions, 1 -29, should
be imposed to ensure the necessary and expected mitigation.
4. The findings show that the subdivision has been prepared consistent with the
requirements for the flexible lot design process, that applicable standards of BIMC
17.04.080 and 17.04.082 are satisfied, that the city engineer has determined that with
appropriate conditions the subdivision will conform to regulations concerning drainage,
will not cause an undue burden on the drainage basin or water quality, will not
unreasonably interfere with the use and enjoyment of downstream properties, that the
streets and pathways are appropriately aligned and are adequate for the traffic anticipated,
and that improvements will conform to the City's Design and Construction Standards and
Specifications except for the approved exception, the subdivision would be in accord
with the Comprehensive Plan and, therefore, be consistent with Ch. 36.70A RCW. The
findings show that the proposal complies with Ch. 58.17 RCW.
5. The subdivision, subject to the proposed conditions that were shown to be
necessary and appropriate, should be approved as it meets all the preliminary subdivision
decision criteria of BIMC 17.04.094.A and it would serve the public use and interest
[BIMC 17.04.094.B] by providing new housing opportunities consistent with the policies
of the Comprehensive Plan while preserving open space.
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Recommendation
It is the recommendation of the Hearing Examiner that the application of Koken
Lands, LLC, for the nine lot subdivision known as "Opal Ridge II" [SUB14558] be
APPROVED subject to the conditions listed in Appendix A.
Entered this 6th day of May 2008.
(Original Signed 516108)
Margaret Klockars
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
OPAL RIDGE II SUBDIVISION
[SUB14558]
SEPA Conditions:
The following note shall be placed on the final plat: Prior to any clearing or grading
on individual lots, a clearing, grading, or building permit shall be obtained from the
City.
2. No clearing or grading for roads, drainage facilities, trails or other subdivision
improvements shall occur until a plat utilities permit has been submitted by the
applicant and approved by the City.
3. All graded materials removed from the subdivision shall be hauled to and deposited at
City approved locations (Note: local regulations require that a grade /fill permit be
obtained for any grading or filling of 50 cubic yards of material or more, and a SEPA
Threshold Determination be issued for any fill over 100 cubic yards).
4. 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).
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5. A Storm Water Pollution Prevention Plan ( SWPPP) for the proposed development
shall be provided for City review and approval in accordance with BIMC 15.20. The
plans must be approved, the improvements constructed (or a construction bond
provided if applicable), and an acceptable final inspection obtained prior to final
subdivision application. The design submittal shall incorporate all proposed
subdivision improvements including complete civil plans, grading and erosion control
plans, roadway plan & profile, storm drainage facilities and drainage report, and shall
be prepared by a professional engineer currently licensed in the State of Washington.
A Construction Stormwater Permit (NPDES) will be required prior to construction
plan approval in accordance with BIMC 15.20.030.B (4). More information about this
permit can be found at:
http://www.ecy.wa.jzov/programs/wq/storirnwater/construction/ or by calling Charles
Gilman at (360) 407 -7451, email chgi461 @ecy.wa.gov. This permit is required prior
to any construction activities.
6. During the construction of the proposed infiltration facilities, the Project Engineer
shall provide an inspection to verify that the facilities are installed in accordance with
the design documents and that actual soil conditions encountered meet the design
assumptions. The Project Engineer shall submit the inspection report properly
stamped and sealed with a professional engineer's stamp to Public Works
Engineering.
7. The infiltration facilities shall remain off -line until the drainage areas are stabilized
and the water quality treatment facility is adequately established.
8. An easement to COBI for access and maintenance of the proposed public stormwater
facilities located offsite will be required prior to submittal of the final subdivision.
9. The applicant shall provide a 100% reserve area for stormwater infiltration facilities
that are to be publicly maintained, or shall provide an alternate solution subject to
approval by the City Engineer. An easement to COBI for stormwater facilities
construction and maintenance shall be granted to the city over this reserve area. Soils
log information to verify suitability of the reserve area for infiltration shall be
provided prior to final subdivision submittal. The reserve area shall be designated on
the construction drawings and verified on the As -Built drawings.
10. The applicant's engineer shall provide specific erosion and sedimentation control
design measures as part of the SWPPP to protect the public stormwater infiltration
facilities during construction of both the plat infrastructure and the individual lot
development. The final plat shall contain a note for future property owners of this
requirement.
11. The private roadway accessing this project, located within the adjacent short
subdivision of Opal Ridge, must be built to COBI standards and the right -of -way
dedicated to COBI prior to submittal of the final subdivision as stipulated in the
conditions and covenants of the short subdivision.
12. The public roadway section shall provide a minimum 18 -foot wide paved driving
surface with an additional 3 -foot wide paved or gravel shoulder on each side, together
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with appropriate storm drainage facilities per COBI Design Standard Section 7 -060.
The roadway shall be built to COBI Design standards. Due to topographic constraints,
the applicant has requested a technical adjustment to allow roadway grades in excess
of 12 %, with no gradient exceeding 15 %. Conceptually, Public Works supports this
request; however, complete civil plans will be required prior to granting the request.
13. The proposed right -of -way dedication at approximate STA 10 +70 shown on the
preliminary access road plan sheet date stamp received by the COBI January 31, 2008
shall include the area from the east property line of the plat to the east property line of
proposed Lot 8, and shall extend to the south property line of the subdivision.
14. In order to provide recreation and safe pedestrian access within the subdivision and
to the adjacent Gazzam Lake Park, a four to six foot wide trail shall be developed
within open space Tract B and across the northern open space on Lot 9. The trail
shall commence near the southeast corner of Tract B and meander through Tract B
and the northern open space of Lot 9 to the northwest corner of Lot 9 where the trail
shall join the existing Gazzam Lake Park trail network. Another trail shall be
developed either within the proposed unimproved right -of -way between Lots 5 & 6 or
within the open space east of Lot 5. The aforementioned trail shall connect the
proposed cul -de -sac to the proposed trail easement at the south side of Lot 9.
15. Removal of vegetation shall be limited to a six foot swath for trail construction,no
soil disturbance shall occur outside of the six foot trail construction corridor. The
trails shall be "field -fit" between or around existing trees, so that significant tree
removal shall be avoided. Limbs and branches up to nine feet over the trail and
within one foot of the trail edges shall be removed. The four to six foot wide trail
shall be constructed with a four inch layer of crushed 3/4 inch gravel over a geotextile
mat barrier. All pedestrian improvements shall be installed prior to the issuance of
the first residential building permit within the plat.
16. Prior to final plat submittal, an Operations and Maintenance Plan and Declaration of
Covenant for all constructed stormwater facilities shall be provided for City review
and approval in accordance with BIMC 15.21.
17. 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 subdivision submittal. Approval of public facilities will be
shown by a formal letter of acceptance from the City Engineer. A surety 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
City to be life, health, or safety related items. Any such surety device shall be in
place prior to final plat submittal, shall enumerate in detail the items being assured
and shall require that all such items 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 for the completion of certain
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necessary facilities. Building permits may not be issued or occupancy granted
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." This note shall be listed on the face of the
final plat.
18. A minimum two -year maintenance bond period for the infiltration facilities is
required. The maintenance period will begin after final construction acceptance of the
subdivision, and shall run for a minimum period of two years or until 80 percent of
the homes in the subdivision have been constructed and the respective lots
permanently stabilized. Regular maintenance of the stormwater system is required
during this period. Documentation of maintenance shall be provided to the city on an
annual basis. Wording to this effect must be listed on the plat and in the plat
covenants.
19. At the time of building permit application for the proposed individual residences,
demonstration of compliance with applicable storm water management requirements
shall be required in accordance with BIMC 15.20. This note shall be listed on the face
of the final plat.
20. Prior to any construction activities on individual lots, the applicant shall obtain the
appropriate permits from the COBI, including but not limited to a Storm Water
Pollution Prevention Plan (SWPPP), Road Approach, building, clearing, and/or
grading permit. This note shall be listed on the face of the final plat.
21. In accordance with BIMC Chapter 18.85060 (C). and 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 1.5 inches in caliper if deciduous and four to six feet
high if evergreen, at a replacement rate of 1.5 inches diameter for every one -inch
diameter of the removed significant tree or trees within a tree stand. The replacement
rate determines the number of replacement trees. The trees removed shall be replaced
with trees of the same type, evergreen or deciduous. The replacement trees shall also
replaced in the same general location as the trees removed.
22. Any non - exempt tree harvesting shall require the appropriate Forest Practices Permit
from the Department of Natural resources. The conditions of the Opal Ridge II
Subdivision SUB 14588 shall become conditions of the Forest Practices Permit.
23. 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)
24. In order to mitigate any noise impacts, all construction activities must comply with
BIMC 16.16.025 Limitation of Construction Activities.
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25. All lighting within the subdivision shall comply with the City's Lighting Ordinance,
BIMC Chapter 15.34.
26. 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.
27. The applicant shall construct a school bus shelter along Lynwood Center Road. The
applicant shall consult with the Bainbridge Island School district in determining an
appropriate location for a bus shelter to serve the children of the subdivision. The bus
shelter shall be constructed before submission of a final plat application or an
assurance device shall be provided to ensure the construction prior to the issuance of
the first single - family building permit within the recorded plat.
28. 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.
29. Prior to final plat submittal, the Kitsap Health District shall grant approval of the
water system expansion.
Non- SEPAConditions:
30. The west 25 feet of Lot 9 shall be designated as a no cut /no build park buffer. If the
existing vegetation is not sufficient to meet the filtered screen landscaping
requirements pursuant to Bainbridge Island Municipal Code 18.85.070 B.3., then the
25 -foot buffer shall be planted and maintained with native vegetation to meet the
requirement.
31. Either low impact fencing (i.e.: split rail/wood horse fence) or signs placed at 50 foot
intervals shall be erected at the edge of all designated open space areas between the open
space and propose lots or homesites. The fencing or signs shall be installed prior to final
plat submittal or proper assurance device shall be provided to ensure their installation
prior to the issuance of any single - family building permit issuance.
32. All lot corners shall be staked with three - quarter inch galvanized iron pipe and
locator stakes. A survey of the property must be completed and submitted with the
final plat application.
33. A plat certificate shall be provided with the final plat application.
34. Building setback and lot coverage requirements must be shown on the final plat
specifically:
• Building to Building - Minimum 10 feet separation.
• Residence to residence separation — Minimum 50 feet (Fire Protection Separation)
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• Building to subdivision boundary- Minimum 25 foot setback
• Building to open space- Minimum 10 foot setback
• Building to right -of -way- Minimum 15 foot setback
• Maximum Lot Coverage shall be as follows: Lots 1 -5 and 8; 6,470 square feet
Lot 6; 7,440 square feet
Lot 7; 8,540 square feet
Lot 9; 32,380 square feet
35. The final plat shall be submitted in substantial compliance with preliminary plat
drawings date stamped received January 31, 2008.
36. Conditions 1, 3 -4, 10, 14, 17 -19, 21, 24 -26, 28, 30, 31, and 34 shall be listed on the
final plat mylar.
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