021610_WINSLOW_PROPERTIES_THEROS_HEX_DECISIONBEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION
SUMMARY
Applicant: Winslow Properties I LLC/ Jim Theros
P. O Box 10628
Bainbridge Island, WA 98110
File No: SUB 14613
Request: Preliminary Subdivision - Estates at Wing Point
Location: Northeast corner of the intersection of Wing Point Way and
Ferncliff Avenue. The site is resultant Parcel B of the Boundary
Line Adjustment recorded under Kitsap County Auditor's File
No 200702130002. Situated in SW1 /4NE1 /4 Section 26, T25N,
R2E, W.M.
Comprehensive
Plan /Zoning: Comprehensive Plan: Semi -Urban Residential (SUR)
Zoning: R -2.9, 15,000 square feet per unit.
Summary of
Proposal: To divide 2.42 acres into seven lots.
Public Hearing: After reviewing the report of Planning and Community Development,
the Hearing Examiner conducted a public hearing on February 4, 2010.
Following the hearing the Examiner visited the site.
Recommendation: The Examiner recommends that the preliminary plat be approved, subject
to conditions.
FINDINGS OF FACT
1. Winslow Properties I LLC (Jim Theros) seeks approval of a seven lot preliminary
plat (SUB 14613).
2. The subject property consists of 2.42 acres at the northeast corner of the intersection
of Wing Point Way and Ferncliff Avenue. The parcel is resultant Parcel B of the Boundary Line
Adjustment recorded under Kitsap County Auditor's File No. 200702130002. The property is
within the SW1 /4NE1/4 Sec. 26, T25N, R2E., W.M.
3. The Comprehensive Plan designation for the property is Semi -Urban Residential
(SUR). The zoning is R -2.9, 15,000 square feet per unit.
4. The site is undeveloped. It is generally flat with a gentle slope from west to east.
The northern portion is heavily vegetated. The southern part has largely been cleared. There
are no critical areas on site. Public water and sewer are available.
5. The western boundary along Ferncliff Avenue NE runs north -south approximately
436.61 feet. The southern boundary along Wing Point Way NE measures 221.50 feet east -west.
The eastern boundary runs northerly from Wing Point Way approximately 320 feet where there
is a 73.50 foot jog to the east. From the end of this jog, the boundary runs another 116.61 feet to
the north. The northern boundary is approximately 295.00 feet long.
6. To the immediate north of the subject property is the undeveloped four -lot Ferncliff
Short Plat. To the immediate east along the northerly 116 feet of the east boundary is the
developed Plat of Tiffany Meadows. To the immediate east of the southerly 340 feet of the east
boundary is a cleared area encompassing the four -lot Wing Point Short Plat. To the west, on the
other side of Ferncliff Avenue is undeveloped property where there is a potential development of
48 affordable housing units. No application for this development has yet been submitted.
7. Across Wing Point Way to the south is residentially developed property zoned R -4.3.
(Comprehensive Plan designation: Urban Residential) The adjacent properties on all other sides
of the subject site are zoned R -2.9 (Comprehensive Plan designation: Semi -Urban Residential).
8. Notice of Application for the subject proposal was published on August 14, 2009.
Six public comments were received regarding the proposal. One, from the Tiffany Meadows
Homeowners Association, had 27 signers. The letters were primarily concerned with density,
water and sewer, traffic, buffers, land clearing, and stormwater management.
9. A Determination of Non - Significance (DNS) under the State Environmental Policy
Act (SEPA) was issued by the City on January 5, 2010. The DNS elicited no public comments.
It was not appealed.
10. The proposed seven -lot subdivision complies with the density requirements of the
Land Use Code. The minimum lot size has been modified by the flexible lot standards contained
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in BIMC 17.04.080. The minimum lot size is 5,000 square feet if served by public sewer. The
smallest lot is approximately 9,069 square feet. The lots contain the minimum lot width.
Required building setbacks will be met.
11. The application was circulated to various City departments. With the addition of
conditions, the City departments approved of the proposal. The conditions recommended by the
City departments are reflected in the conditions of approval recommended by the Examiner.
12. It was preliminarily determined that there is adequate capacity to serve the property
with existing public water and sewer facilities. Binding water availability and sewer availability
letters shall be required for final plat approval.
13. Likely traffic impacts were reviewed and the Public Works Department issued a
Certificate of Concurrency for the project, determining that "the capacity of transportation
facilities affected by the proposed development is equal to or greater than the capacity required
to maintain the level of service standard for the impact of the development."
14. In connection with the road system and traffic, the applicants agreed to the
following:
a. Dedication of a 30 -foot right -of -way along the property's Ferncliff Avenue
and Wing Point Way frontage.
b. Dedication of property at the corner of Wing Point Way and Ferncliff Avenue,
resulting in a minimum 35 -foot return radius tangent.
c. Vacation and restoration of the three existing curb cuts on Ferncliff Avenue.
d. Installation of a five- foot -wide concrete sidewalk within the newly dedicated
right -of -way along Ferncliff Avenue, and just outside and adjacent to the newly
dedicated right -of -way along Wing Point Way.
e. Construction of a crosswalk (with appropriate signs) on Wing Point Way at the
intersection with Ferncliff Avenue.
15. The initial drawings proposed access to the seven parcels using existing curb -cuts on
Ferncliff Avenue. Staff review resulted in reconfiguration of the access -ways, so as to preserve
perimeter buffers and eliminate awkward turning movements. The reconfiguration, using
different access points from Ferncliff, is reflected on revised drawings dated 2/1/10. Lots were
slightly redrawn to accommodate the access changes.
16. The property currently contains a vegetated roadside area approximately 230 feet in
length from the north boundary along Ferncliff Avenue. A 50 -foot wide roadside vegetation
buffer is to be provided along this 230 feet. The remainder of the Ferncliff Avenue frontage will
have a 25 -foot landscaped buffer. A 25 -foot landscaped buffer will also be provided along the
property's Wing Point Way frontage, and the perimeter buffer along other boundaries will be 25
feet as well. Significant trees in the roadside and perimeter buffers will be preserved.
As proposed, the plat will retain 36% of the existing canopy.
17. A landscaping plan will be required, calling for the planting within the 25 -foot buffer
areas along Ferncliff Avenue and Wing Point Way to meet full screen standards. Other 25 -foot
buffer areas shall, at a minimum, meet filtered screen standards. All planting is to be installed or
assured prior to final plat approval. The buffers to be provided meet City standards.
18. The project is conditioned to provide access -ways and utilities corridors
perpendicular to the buffers to minimize disturbance to the buffers. Two cuts only through the
required buffers will be allowed for access and utilities.
19. Prior to any construction, including clearing or grading, the applicant shall install a
temporary four -foot high chain link fence along the interior boundary of the buffers and along
either side of the access /utilities easements for the width of the buffer. Additional fencing may
be necessary to protect the drip line of significant tress within the buffers.
20. The property within the Wing Point Short Plat, immediately to the east of the subject
property has been cleared to its boundaries, in violation of the conditions of its approval. This
clearing was not performed by the present applicant, but by subsequent owners of the property.
The applicant here has stated that clearing on the subject property will conform to the conditions
placed on plat approval.
21. As the plat is designed, there will be adequate room for two parking spaces on each
lot for each residence. There will be no need for street -side or off - property parking.
22. There is an existing storm swale along Wing Point Way which may receive some
stormwater from the developed area. However, the drainage concept for the subdivision is
is for stormwater to be accommodated by on -site infiltration. Pervious materials will be used on
the access -ways. Such features will need to demonstrate compliance with State Department of
Ecology standards. A report detailing storm drainage facilities must be be reviewed and
approved by the City Engineer and the Department of Planning and Community Development
prior to final plat submittal.
23. Impact fees will be paid to compensate for the influence of the development on
schools. One half the school impact fee for each lot shall be paid by the applicant prior to final
subdivision approval. The purchaser constructing a residence on a lot shall pay one half of the
school impact fee at the time of building permit issuance.
24. At the hearing, public testimony was presented by four citizens. Their concerns
mirrored those expressed in the earlier written comments. The Staff Report thoroughly discusses
the concerns raised by the public and amply demonstrates that the applicant's proposal, as
conditioned, is consistent with the City's Comprehensive Plan and Land Use Code. The
Examiner concurs with the Staff analysis. The Staff Report is by this reference incorporated
herein as though fully set forth.
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25. In sum, the proposal makes appropriate provisions the public health, safety and
general welfare, including open space, drainage, streets, potable water supplies, sanitary wastes,
schools and other relevant planning considerations. Creating additional residential sites,
consistent with the Comprehensive Plan will serve the public use and interest.
26. Any conclusion herein which may be deemed a finding is hereby adopted as such.
CONCLUSIONS OF LAW
1. The Hearing Examiner has jurisdiction over the subject matter of this proceeding.
2. The requirements of SEPA have been met.
3. An application for preliminary plat approval may be approved if the following criteria
are met (BIMC 17.04.094):
(1) The subdivision development flexible lot standards of BIMC 17.04.480
have been satisfied.
(2) Appropriate provisions have been made for the public health, safety and
welfare, and the public use and interest, including those items listed in Chapter
58.17.110 RCW.
(3) The subdivision has been prepared consistent with the required flexible lot
design process and flexible lot design standards.
(4) Any portion of the property containing critical areas as defined in BIMC
16.20 conforms to all requirements of that chapter.
(5) As conditioned, the proposed preliminary subdivision application meets the
decision criteria for City Engineer approval. The subdivision conform to
regulations concerning drainage (Chapter 15.20 BIMC). The subdivision will
not cause undue burden on the drainage basin or water quality and will not
unreasonably interfere with the use and enjoyment of properties downstream.
The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties. The streets and pedestrian
ways as proposed are adequate to accommodate anticipated traffic. The
subdivision conforms to the subdivision requirements (Title 17 BIMC) and the
standards contained in the "City of Bainbridge Island Design and Construction
Standards and Specifications" manual.
(6) The proposal complies with all applicable provisions of the Bainbridge Island
Municipal Code, applicable state regulations governing Subdivision (Chapter
58.17 RCW) and Growth Management (Chapter 36.70A RCW) and all other
applicable provisions of state and federal laws and regulations.
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(7) The proposal is in accord with the City's Comprehensive Plan.
4. The findings above support a conclusion that the above criteria for preliminary plat
approval are met by the proposal as conditioned. The public use and interest will be served by
the subdivision.
5. Any finding which may be deemed a conclusion is hereby adopted as such.
CONDITIONS
1. Except for modifications reflecting compliance with these conditions of approval, the
final subdivision shall substantially conform to the preliminary subdivision drawings dated
February 1, 2010.
2. A plat certificate shall be provided with the final subdivision application.
3. The applicant shall pay one half of the school impact fee for each lot prior to final
subdivision approval. An applicant constructing a residence on each lot shall pay one half of the
school impact fee in effect at the time of building permit issuance.
4. The subdivision shall conform to the City of Bainbridge Island Design and
Construction Standards. Public and private improvements, facilities, and infrastructure, on and
off the site, that are required for the subdivision shall be completed and have final inspection and
approval prior to final plat approval. The applicant shall comply with the following conditions to
the satisfaction of the City Engineer:
a. A Transportation Facility Certificate of Concurrency has been issued for this
project. Acceptance by the applicant of this preliminary plat approval shall
constitute agreement in writing to construct and install all street improvements
and make necessary dedications as conditioned. All dedications shall be shown
on the final plat.
b. The subdivision shall be limited to two access and utility easements from
Femcliff Avenue.
(i.) The northerly access shall be centered approximately 90 feet from the
north property boundary, the line common to Lots 1, 2, 3 and 4 and shall
provide a 30 -foot width internal roadway /utility easement to benefit Lots
1,23 and 4.
(ii.) The southerly access shall be centered approximately 315 feet from
the north property boundary, the line common to Lots 5, 6 and 7, and shall
provide a 30 -foot width internal roadway /utility easement to benefit Lots
5, 6 and 7.
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(iii.) Access and utility easements shall be located to avoid impacts to
significant trees.
(iv) At a minimum, the access portions of the easements must be 20 feet
in width. The roadways shall consist of 12 -foot width driving surfaces
with three -foot shoulders on each side, together with appropriate storm
drainage facilities; storm drainage facilities may be located within
utility easements.
(v) Easements for sanitary sewer lines shall be a minimum of 15 feet in
width and shall be centered on the sewer line. The roadways and related
utilities must be installed or bonded prior to final subdivision submittal.
c. The existing curb cuts shall be vacated, and the applicant shall restore the
curbs. The existing cuts are located at the north property boundary, approxi-
mately 185 feet south of the north boundary, and approximately 350 south of
the north boundary.
d. The applicant shall install a painted or thermoplastic crosswalk (and
appropriate related signs) across Wing Point Way at its intersection with Femcliff
Avenue.
e. The applicant shall install a five foot width concrete sidewalk within the right -
of -way for the length of the subject property along Femcliff Avenue.
f. The applicant shall install a five -foot width concrete sidewalk within the right -
of -way for the length of the subject property along Wing Point Way. Subject to
City Engineer and Planning Director approval, the applicant may construct the
walk adjacent to the right -of -way, providing a public easement or additional right -
of -way over the sidewalk as constructed. Any sidewalks constructed adjacent to
the existing right -of -way shall avoid impacts to significant trees.
g. The applicant shall provide a 30 -foot width right -of -way dedication from the
existing center line along the entire length of the property's Femcliff Avenue
frontage, including any areas previously dedicated.
h. The applicant shall provide a 30 -foot width right -of -way dedication from the
existing center line along the entire length of the property's Wing Point Way
frontage, including any areas previously dedicated.
i. The applicant shall dedicate property at the corner of Femcliff Avenue and
Wing Point Way to result in a minimum 35 -foot return radius tangent.
j. Prior to final subdivision submittal, the applicant shall submit complete civil
plans and drainage report for the proposed development to the City Engineer and
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the Department of Planning and Community Development for review and
approval. The plans shall include roadway, sidewalk, curb and gutter details and
profiles. The plans shall depict all required frontage improvements, sanitary
sewer, water and storm drainage facilities. The plans shall also depict all
significant trees within the roadside landscape buffers. The plans shall address
grading, erosion and sedimentation control and include a Surface and Storm -
water Pollution Prevention Plan. The design shall be prepared by a Professional
Engineer licensed in the State of Washington, and shall be in accordance with
Chapter 15.20 BIMC. Any Low Impact Development (LID) practices for
stormwater mitigation must demonstrate compliance with the Washington State
Department of Ecology Stormwater Management Manual for Western
Washington and shall be approved on a case -by -case basis.
1. Prior to final subdivision approval, the applicant shall provide an Operations
and Maintenance Plan and Declaration of Covenants approved by the City
Engineer for all constructed stormwater facilities.
m. Binding water availability and sewer availability letters shall be submitted
with the final plat application. The location of the connections shall be indicated
on the final plat drawings.
n. The applicant shall demonstrate compliance with Fire Code requirements and
Public Services provisions to the satisfaction of the Fire Marshal and the City
Engineer.
o. All lot corners shall be staked with three - quarter inch galvanized iron pipe
and locator stakes along with all other applicable survey provisions of state
and City ordinance.
p. An assurance device acceptable to the City may be used in lieu of installation
to secure and provide for the completion of necessary facilities which are not
considered by the City Engineer to be life, health, or safety related items. Any
such assurance device shall be in place prior to final subdivision submittal, shall
enumerate in detail the items being assured, and shall require that all such items
will be completed and approved by the City Engineer within one year of the date
of final subdivision approval. While lots created by the recording of the final
subdivision may be sold, no occupancy of any structure will be allowed until the
required improvements are formally accepted by the City. A prominent note on
the face of the final subdivision shall state: "The lots created by this subdivision
are subject to conditions of an assurance device held by the City for the
completion of certain necessary facilities. Building permits may not be issued
and /or occupancy may not be allowed until such necessary facilities are
completed and approved by the City of Bainbridge Island. All purchasers shall
satisfy themselves as to the status of completion of the necessary facilities. "
5. The building setbacks are as follows and shall be noted on the final subdivision:
N.
Building to building: Minimum 10 feet
Building to subdivision boundary Minimum 15 feet
Building to right -of -way (Ferncliff Avenue) Minimum 50 feet
Building to right -of -way (Wing Point Way) Minimum 50 feet
Building to access easement: Minimum 10 feet
6. The maximum lot coverage of 25 percent of lot area at time of preliminary plat
application, 3,524 square feet per lot, shall be shown on the face of the final plat.
7. Along the existing vegetated areas of the Ferncliff Avenue frontage (the northerly 230
feet approximately), a 50 -foot width roadside landscape buffer shall be provided. Along the
remaining section of the Ferncliff Avenue frontage, a 25 -foot width roadside landscape buffer
shall be provided. The buffer areas shall be indicated on the face of the final subdivision.
8. A 25 -foot width roadside landscape buffer shall be provided along the property's Wing
Point Way frontage. The buffer shall be indicated on the face of the final plat.
9. Except as noted in Conditions 7 and 8 above, a perimeter landscape buffer shall
extend 25 feet from the subdivision boundary and shall be indicated on the face of the final plat.
10. Prior to final subdivision approval, the applicant shall submit a landscape plan in
accordance with Chapter 18.85 BIMC, Landscape Requirements. The planting plan shall
provide for plantings within the 25 -foot width buffer areas along Ferncliff Avenue and Wing
Point Way to, at a minimum, full screen standards (BIMC 18.85.070.B.1). The plan shall
provide for planting within the 25 -foot perimeter buffer areas to, at a minimum, filtered screen
standards (BIMC 18,85.070B.3). Landscaping shall be installed or assured prior to final plat
approval, and a maintenance device shall be provided.
11. Roadside landscape buffers and perimeter landscape buffers shall be maintained in
conformance with the required vegetated screen standards. No vegetation within the buffers
shall be disturbed without the approval of the Department of Planning and Community
Development through an approved landscape, clearing, grading, or civil plan.
12. Significant trees designated for preservation shall be shown on the final subdivision.
A minimum of 30 percent of the existing significant tree canopy on the site, or 15 percent of the
existing significant trees on site at the time of preliminary plat application, shall be retained. No
building, clearing or grading within the critical root zone of a significant tree designated for
preservation shall occur without a report from a consulting arborist indicating how the tree will
be preserved. If any significant trees are determined to be hazardous by a professional arborist,
they may be removed after a replanting plan has been approved by the Department of Planning
and Community Development.
13. Prior to any construction activities, appropriate permits, including but not limited to
right -of -way , road approach, clearing, grading, and building, shall be obtained from the City.
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14. Prior to any construction activities, including clearing or grading, the applicant shall
install temporary chain link fencing four feet in height along the interior boundary of the buffers
and along either side of the access /utility easements for the width of the buffer. Additional
construction fencing shall be installed in such a manner as to protect the drip line of significant
trees within the buffers.
15. For any non - exempt tree harvesting, the appropriate Forest Practices Permit shall be
obtained from the Washington State Department of Natural Resources.
16. All site activities shall comply with applicable permissible noise level requirements
in accordance with Chapter 173 -60 WAC, Maximum Environmental Noise Levels. At time of
building permit application, the applicant shall submit plans demonstrating compliance with
noise level requirements; any structures that emit noise, including but not limited to heat pumps
and generators, shall be indicated on the plans.
17. At the time of building permit application, the applicant shall submit outdoor lighting
plan that demonstrate compliance with Chapter 15.34 BIMC, Outdoor Lighting on Public and
Private Property. Freestanding lighting shall have a maximum height of 14 feet, including the
base and casing.
18. If any historical or archaeological artifacts are uncovered during excavation or
construction, the 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.
19. Applicable portions of the following conditions shall be listed on the final plat mylar:
3 -6, 11 -18.
RECOMMENDATION
It is recommended that the proposed Preliminary Subdivision for the Estates at Wing
Point (SUB 14613) be approved, subject to the above conditions.
DONE this 16th day of February, 2010.
Wick DufforJr Hearing Examiner Pro Tempore
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