HIGHLANDS SUB11-21-97-1
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BEFORE THE HEARlNG EXAMINER
FOR BAINBRIDGE ISLAND
In the Matter of the Application of
Highlands Inc
For Approval of a
Flexible Lot Design Subdivision
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No SUB 11-2]-97-1
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
A Flexible Lot Design Subdivision to subdivide a two parcels equaling 5.3 I acres into 27
single family residential lots is recommended for approval, subject to conditions.
SUMMARY OF RECORD
Request
HigWands Inc. (Applicant) requests approval of a Flexible Lot Design Subdivision to
subdivide two parcels equaling 5.3 J acres into 27 single family residential lots, including nine lots
to be developed under affordable housing guidelines. The subject property is located on the east
side of Weaver Road,just south of Rotary Park and north of Hillen dale development.
Hearin!;?: Date:
A hearing on the request was held before the Hearings Examiner for Bainbridge Island on
February 23, 1998.
Testimony:
At the hearing, the following individuals presented testimony under oath:
Jennifer Donnelly;
David Smith,
Kathy Sampson,
Tom Herriott;
Andy Wilch,
Dick Allen,
Jennifer Parker;
Randy Muranaka.
Brenda Bell,
Dave Christianson
,
Robert Moen
Exhibits
At the heanng, the following exhibits were admitted as part of the official record
/~.s-
Findings. Conclusions and Recommcncbtion
Hearings Examjner of Bainbridge Island
Weaver Creek Subdivision SUB 11-21-97-1
Page 2
Exhibit 1
Staff Report Dated 2111/98 with Attachments A - M
Exhibit 2
Revised Preliminary Plat Map Dated 2/13/98;
Exhibit 3:
Written Testimony Submitted by Jennifer Parker with Attachments re:
Wildlife Habitat Areas and Letter from Schneider Homes.
Based upon the exhibits and the testimony submitted at the public hearing, the following.
Findings and Conclusions are entered by the Hearings E((aminer.
. '. FINDINGS
I. The applicant r.equests ~pproval of a Flexible Lot Design Subdivision to subdivide two
parc'els equaling 5.31 acres into 27 single family residential. Forty percent of the subject
property would be maintained as open space. The subject property is located on the east
side of We<l~er Road, just south of Rotary Park and north of Hillendale development.
Exhibitl, ,Staff R,eport; Testimony of Ms. Donnelly.
2. The subject property is zoned R-3.5 (3.5 dwelling units per acre). The Comprehensive
Plan desi~atiof1 for the ~ite is Semi-Urban Rural (SUR). The SUR land us~ designates
areas thatare suitable to provide a transition from urban uses to less intense development
and allows tor residential density between 2.9 and 3.5 units per acre. Exhibit 1, Staff
Report; COBIComprehensive Plan WIO.I and WIO.2. The surrounding land is zoned R-
3.5 to the north, R-2.9 to the south, R-3.5 to the east, and R-2 to the west. The
surrounding land uses are single family residential to the south and east, Rotary Park to
the north, and undeveloped land to the west. Site View; Exhibit I, Staff Report.
3 The subject property is undeveloped. The western part of the site is relatively flat, the
eastern section of the site has a 12% slope up from west to east. Site View; Exhibil 1.
Altachment A.
4 City planning staff testified that city ordinances require that any land use application that
proposes to construct more than eight but less than 50 residences provide at least 10
percent of the housing units be constructed as affordable for moderate or low income
groups. BIMC 18. 90. O-lO(B). Up to 50 percent above the underlying base density is
allowed when each of the residential building lots are provided for households In the
extremely low, ver} low, or low-income groups BIMC 18 90.030(C)(I). The applicant
is proposing to provide affordable housing lots within that category The base density for
the proposed subdivision is 18 5 lots With a 50 percent bonus density, 925 additional
would be permitted Thus, 27 lots would be allowed on the subject property Noone
presented any testimony in opposition to the analysis provided by planning department
/S'{
FIndings, Conclusions and Recommencbtion
Hearings Examiner of Bainbridge Island
Weaver Creek Subdivision SUB 11-21-97-1
Page 3
staff Exhibitl. Staff Analysis and Recommendation
5 The applicant requests to cluster the nine affordable housing parcels in order to provide
for an efficient self help building program. Exhibit I, Attachment A. At a City Council
Land Use Committee meeting on October '28, J 997, it was decided that the 'Crustering of
affordable units should be allowed for affordable housing developed with "sweat equity"
or when otherwise not economically feasible to disperse the units. Exhibit 1, Attachment
K. The Kitsap County Consolidated Housing Authority would purchase the affordable
housing lots and develop them by utilizing their self-help program.. Testimony of Mr. .
Wilch. The development will be concurrent with the'development of the' market rate
housing.' It is anticipated that housing could be constructed in the most cost-effective
manner if clustering is allowed. This would facilitate supervision of construction.
Testimony of Mr. Herriott. Although some concern waS expressed aftheheanIig about a
differentiation in appearance of the housing if clustering is allowed (See,e.g}1'estimony
of Mr.'Allen), the applicant testified that the'design6fthe'iUfordable housiiiifwould be
nearly identical to other housing in the proposed development'SUch;tii~t'a-'''seamIess
interface" would be attained. Testimony of Mr. Hi!mott; TeSiiliuHijJ 'OfMr.'W7k:h.
6. Access to the site is from Weaver Road North. Moji Lane is proposed'iii extend through
the plat to Weaver Road North, which will serve to ccinne~Weave{Rdaa:'Northwith
Lovell Avenue. EXhibit 2. At thepiiblic hearing, iestimonywas subiilltied queStioning
the need for a street' connectionbetweeri Weaver'Road NorlJi'ana'Lovell Avenue.
Testimony of Mr. Allen; Testimony of Ms.' Bell; TestimonyOj Mr:'th~iitiCiiiSoiz; Exhibit
1M ' The City's engineering consultants recommended the rO<lds be 24 feei~de with
rolled curb and gutter on each side of the road, consistent' with Serrii-RurallRural
standards. Exhibit IF. At the public hearing, it was also suggested thai the road be
reduced to 20 feet wide to reduce impervious surface and to assist pedestrian usage.
Testimony of Ms. Bell; Testimony of Mr. Christianson. There is no indication in the
record of the need for a connecting road between Weaver and Lovell. Although the
connection is said to be consistent with the West End Infrastructure Ordinance 89-24
,
there is no reference in that ordinance to support such a statement. Testimony of Mr.
Herriott. Access within the proposed subdivision would be provided by Strawberry
Lane That access would be from Weaver Road North to intersect Moji Road within the
proposed plat All lots, with the exception of lots 17 and 18 would have direct access
from Moji Lane or Strawberry Lane. Lots 17 and 18 will have access by way of a
driveway easement Exhihit 2; Testimony of Ms. Donnelly.
7 The CIty Engineering analysis concluded that street trees would be required along the
new roadways and a sidewalk would be required along one side of the road throughout
the plat. The applicant proposes a paved pedestrian trail to connect the Hil1endale
subdivision to the south to Rotary Park to the north. No one presented any testimony in
IS?
hnding,s. Conclusions and RecommendatIon
Hearings Examiner of Bainbridge Island
Weaver Creek Subdivision SUB 11-21-97-1
Page 4.
opposition to these proposals- and requirement during the hearing on this application.
Exhibit I, Allachment A; Exhibit 1, Attachment L; Exhibit 2.
8. The proposed subdivision is within the Bainbridge Island School District. The School
District has identified impacts resulting from the development. A school impact
mitigation fee is proposed to help reduce the impacts, on the school district that may
result from an increased student population associated with the proposed development.
The amount established by City Resolution is $3,030.00 per lot. No one presented any
testimony in opposition to these proposals and requirement during the hearing on this
application. Exhibit 1, Attachment C.
9 The City testified that transit stops along Wyatt Way and High School Road would serve
the proposed subdivision. Testimony of Jennifer Donnelly. No one presented any
testimony i~2YPos~tion to this statement during the heal1ng on this application
10. The City has issued water and sewer availability letters stating that all utilities exist or will
be extended to serve the site. The City of Bainbridge Ishmd would provide water and
sewer service. Exhibit 1, Attachment H. A Drainage, Roadway, and Utilities Report has
been ~submitteci for review at the hearing. .. Exhibit 1, Attachment L.'An on-site
subsurface' retention/dispersal system is proposed to manage storinwater. The City's
engineering'consultints reviewed the stormwater management system and stated it would.
, be consistent with' city ordiruinces and reduce inipacts below a significantlevel. Exhibit
1, Attachment F. .An adjacent property owner raised 'several queSti9ns concerning the
relationship between the proposed subdivision and the undeveloped property to the
northeast of the site. . Testimony of Mr. Muranaka. Mr. Muranaka questioned whether
the utility easements would be extended to the northeast corner of the subject property;
whether lots. to the northeast and outside the proposed development would have access
to the utility and storrnwater drainage extensions; and whether the lots to the northeast
and outside the proposed development would have access to roads over the proposed
easements. The applicant's representative responded to these concerns by explaining
how the utility and drainage extensions could be accessed by Mr. Mtiranaka. Testimony
of Mr. Smith. No on presented any testimony at the hearing that suggests any feature of
the proposed development would interfere with the development of adjacent parcels
II The Bainbridge Island Police Department would pro\ide police service Bainbridge
Island Fire District #23 wouid provide fire service The Fire Department has reviewed
and conditionally approved the emergency access and the location of fire hydrants
Exhibit 1, Allachment E.
12 All proposed lots are greater than 5,000 square feet and all lots widths are in excess of 50
feet wide The average lot coverage win be 2121 5 square feet. Exhibit 2.
IS-I,
Findings, Conclusions and Recommendation
Hearings Examiner of Bainbridge Isl;lnd
Weaver Creek Subdivision SUB 11-21-97-1
Page 5
13 The proposed open space is in excess of the 40 percent required in city codes. Exhibit J.
Staff Report. The open space tracts will be concentrated in three areas, one along Weaver
Road, one in the north west portion of the site and the third is located in the western
portion of the site. Exhibit 2. The open space along Weaver Road wiil be landscaped and
revegetated with native species. A 15 foot "no build" buffer would required along the
boundary line adjacent to the park to the north. The proposed open space has an area
designated for active recreation. Exhibit 1, Attachment A; Exhibit 2; Testimony of
Jennifer Donnelly. No one presented testimony at the hearing on this application in
opposition to the city's calculation of open space. However, on citizen testified in .
opposition to the configuration of the open space stating that "breaks up open space...
in to four small unlinked parcels" Testimony of Jennifer Parker; Exhibit 3. Ms. Parker
submitted that the open space should be linked to facilitate a wildlife corridor and a larger
area of undeveloped open space. She also subniitted information on signific~t trees on
the subject property and stated that these'should be preserved: Exhibii 3. The City's
response to this citiz.en' s testimony was that the site design had been modified (by
moving Lots .17 & 18) in order to provide greater protection of trees and that the open
spac~ configuration is consistent with the requirements in city ordinanc~. The city also
testified that there is no existing requirement for protection of wildlife C1)rridors and that
the proposed development is not within a proposed wildlife . corridor. Testipzony of
Jennifer Donnelly. No one presented testimony .at the hearing as. to bow existing
ordinanc~s of the city might require that open space in a proposed. development be
clustered intopne area or how they might require protection of a wildlife corridor along
the ~ubject property.
14. The Bainbridge Island Park and Recreation District (park District) has agreed to take
ownership of the open space tracts. This agreement is conditioned on the provision of
affordable housing, the continuation of the North-South trail linking Hillendale across
Central HigWands to Rotary Park, and contribution toward maintenance. Exhibit 1.
AI/achment D. It was suggested that all land in the open space tracts be preserved in a
natural state through the use of conservation easements. Testimony of Jennifer Parker.
No one presented any opposition to this proposal during the hearing on this application
IS A wetlands report was submitted by the applicant Exhibit 1. Attachment G. The
wetlands report found that a wetland, located immediately south of the subject property
(previously delineated), receives water flovving through a ditch across the subject
property The report concluded that small, unregulated wetland may exist on site, but
there are no regulated wetlands Exhibit I. Attachment G. A portion in the lower
southeastern corner of the site is within the off-site wetland's buffer The on-site portion
of the buffer vvill be incorporated into an open space tract and will be left undisturbed.
Exhibit I. Staff Report. proposed conditions; Exhibit I. Altachment G. No one
presented any testimony in opposition to this proposed condition during the hearing on
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Findings, Conclusions Jnd RecommcndHion
HC:lrings Examiner of Bainbridge Island
Weaver Creek Subdivision SUB 11-21-97-1
Page 6
this application
16. The proposed project is subject to State Environmental Policy Act (SEPA) review. The
City of Bainbridge Island was designated as the lead agency for review of the
environmental impacts. A Mitigated Deterrnination of Nonsignificance (MONS) was
issued for this proposal following the review of an environmental checklist. The
publication date of the MONS was January 24, 1998 and the MONS became final
February 9, 1998. Conditions were included pertaining to erosion control, air quality,
wetland protection, storrnwater management, lighting, schools, utilities, fire safety,.
notice, and plant fertilizati'on methods The MONS was not appealed. Exhibit 1,
Attachment C.
17. Professional staff of the city reviewed this proposal !lnd concluded that it is consistent
with the flexible lot design process and standards and all other applicable provisions of
the city code. The city planner designated to review this proposal recommended at the
hearing that it be approved, subject to 35 conditions. Exhibit 1. .
18. Proper notice of the open record hearing on this application was given by publication,
mailing and posting. Exhibit 1; Testimony of Jennifer Donnelly.
CONCLUSIONS
Jurisdiction
The Hearings Examiner has the responsibility to submit a recommendation to the City
Council on Flexible Lot Design subdivision applications. Pursuant to Section 2 16 1 10 of the
Bainbridge Island Municipal Code, the Examiner has the authority to recommend approval,
denial, or approval with conditions the Examiner finds necessary to make the application
compatible with state and local land use regulatory requirements.
Criteria for Review
Standards for Preliminary Plats
The Bainbridge Island Municipal Code specifies that the Hearings Examiner's
recommendation and the City Council decision include finsings of fact that the application meets
the following requirements
A The subdIvision may be approved or approved WIth modifications if
The preliminary subdivision makes appropriate provisions for the public health,
safety and general and public use and interest, including the following
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Findings, Conclusions and Rccommcnd.1tion
He:J.rings EX3miner of Bainbridge Isbnd
Weaver Creek Subdivision SUB 11-21-97-1
Page 7
a. Highways, roads, streets, and other transit facilities;
b Streets, including street names, traffic regulatory. sIgns and mailbox
locations;
c. Transit stops;
d. Pedestrian facilities;
e. Other public ways leading to, and providing access to and within the
subdivision;
f Schools;
g. School grounds;
h. Open spaces;
1. Parks;
J. Recreation facilities;
k. . Playgrounds;
I. Fire and emergency vehicle access; .
ill. Fire flow;
n. Drainage and storm water facilities;
o Water supplies, including potable water;
p Sanitary waste.
2. The preliminary residential subdivision has been prepared consistent with the
requirements of the flexible lot line process and applicable flexible lot standards,
including:
a. .Minimum lot size must be 5,000 square feet.
b Building setbacks must comply with the development standards setforth in
Chapter I7.04.080.A BIMC.
c. Minimum lot width must be 50 feet.
d Maximum Lot Coverage must comply with that of the underlying zone.
e All buildings must make provisions storrnwater management provisions
f Open space must be consistent with the perforrnance standards setforth in
Chapter 1704 080.B BIMC.
g. Open space must be 40% in a R- J 5 zoning district
h Open space features must be prioritized, consistent with requirements
setforth in Chapter 17.04 080.D BIMC
Open space shall be calculated, consistent with Chapter 1704 080.E
BIMC
Ownership of regulated open space must be consistent with Chapter
17 04 080.F BI.MC
k An open space management plan (OSi'vlP) must be prepared by the
applicant for review and approval by the city
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FindJngs, Conclusions Jnd Recommendation
HearIngs Examiner of Bainbridge Island
Weaver Creek SubdivisIOn SUB I 1-21-97-1
Page 8
I. Open space must be maintained permanently by the property owner, the
property owner's association, or the city for properties owned by the city
m. Landscaping must be established consistent with the requirements of
Chapter 18.85 BIMC.
n. Roads arid Access Performance Standards must be consistent with the
requirements of Chapter 17.04.080.1.
3. Any portion of a subdivision which contains an environmentally sensitive area, as
defined in Chapter 16.20 BIMC, conforms to all requirements of that ordinance;
4. The subdivision reasonably maintains and protects productive agricultural uses in
the vicinity of the property, including complying with BIMC 16.20.181;
5 The overall design of the proposal minimizes soil erosion and the possibility of on
or off-site stream siltation, landslides and mudslides and meets the requirements
for drainage' control, codified in Chapter 15.20 BIMC;
6. The preliminary subdivision design is compatible with the physical characteristics
of the proposed subdivision site;
7. The proposal complies with all applicable provisions of this code, Chapters 58.17
and 36.70A RCW, and all other appli,cable provisions of State and Federal laws
and rt:gulations;
8 The proposal is in accord with the City's Comprehensive Plan;
9 Wherever feasible, the preliminary plat design includes measures to rrururruze
clearing, with priority given to maintenance of existing vegetation and re-
vegetation is incorporated into the preliminary plat design when possible, and,
laThe preliminary subdivision meets road and storm water management
requirements
B A proposed subdivision shall not be approved unless written findings are made that the
public use and interest will be serviced by the platting of such subdivision.
C In making a determination of approval, approval with modifications or disapproval using
the criteria in subsections A and B of this section, the following additional factors without
limitation wiJl also be considered
All public and private facilities and improvements On and off the site necessary to
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Findings. Conclusions and Rccommencbtion
Hearings Examiner of Bainbridge Island
Weaver Creek Subdivision SUB 11-21-97-1
Page Y
provide for the proposed subdivision will be available when needed;
2 Proposed new utilities, facilities and services, arid the proposed additional use of
existing utilities, facilities and services will not degrade the existing level of
operation and the use of such utilities, facilities and services below accepted
standards;
3. The scenic value of existing vistas which provide substantial value to the State
and public at large, such as views from public rights-of-way, parks and open
space;
4. Forest woodlots, individual trees, and other existing vegetation and permeated
surfaces which provide watershed protection, groundwater recharge, climate
moderation, and air purification of the public health and welfare; and,
5. Existing habitat carrying capacity of the property by providing wildlife corridors,
and by preserviTIg areas used for nesting and foraging by endangered threatened
or protected species to the extent consistent with the proposed new ~;e.
RCW 58.17.110 requires that findings be made in order to approve a preliminary plat.
Those findings are as follows:
"Appropriate provisions must be made for the public health, safety
and general welfare and such open spaces, drainage ways, streets
or roads, alleys, other public ways, transit strips. potable water
supplies, sanitary waste, parks and recreation, playgrounds,
schools and school grounds and all other relevant facts including
sidewalks and other planning features that assure safe walking
conditions for students that only walk to and from school"
Conclusions Based on Findinf!s
Based on the Findings of Facts stated above, the Hearing Examiner concludes that, with
conditions of approval
(1) The public use and interest can be served by the establishment of the subdivision;
(2) Appropriate provisions can be made for open spaces, drainage ways, streets or roads,
alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, playgrounds, schools and school grounds, and safe walking conditions for
students who walk to and from school, and
(3) The proposed preliminary plat is consistent with the requirements of the flexible lot