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HIGHLANDS SUB11-21-97-1 ~/c~2eL/! / s-tj H~,':~ 10 .:3::~ pr,12~05 BEFORE THE HEARlNG EXAMINER FOR BAINBRIDGE ISLAND In the Matter of the Application of Highlands Inc For Approval of a Flexible Lot Design Subdivision ) ) ) ) ) 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 /-S"'} 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 /0[1 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 / ",'j 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 hA 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