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VANCIL REZ11-05-99-2JAb 80 800~ A~:G4P FPOM:D SAWYER ~86 780 8933 TO:T8086~O P:8~ll F. XF.. U TiMF. CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER ) APPLICATION FOR REZONE FROM ) RESIDENTIAL (R-04) TO LIGHT ) MANUFACTURING (LM') ) APPLICANTS: PdCHARD & DEBORAH ) VANC[L ) REZ 11-05--99-2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOM~ATION SUMXMARY Deborah and Richard Vancil have filed an application to rezone a parcel of real property located on the south side of Day Road East, approximately 300 feet East of the intersection of Day Road East with State Route (SR) 305. This parcel is presen~y zoned Residential R-0.4. The parcel is 4.77 acres in size and is presently undeveloped. The property is bordered on three sides by non-residential uses and is in an area designated by the Balnbridg¢ Island Comprehensive Plan for Light Manufacturing development. The Hearing Examiner recommends approval of this fezone. FINDINGS OF FACT 1. A rezone application has been filed to change the zoning of a 4.77 acre parcel owned by Deborah and Richard Vanell, identified as Tax Lot 102502-2-024-2001. The parcel is legally described as: That Fortion of the North half of the Norlhem't quarter, of the Northwest quarter, Seaion 10, Township 25 North, Range 2 East, WII~, in Kitsap County, Washington described as follows: Beginning at the North quarter corner of said Section I O; thence along the North- South centerline of Said Section 10, South O l ol l '28' West 20 J~et to the Southerly right-of-way of Day Road East,' thence along said right-of:way parallel with the North line of said Section lO, North 87o32' 26" West 980.33feet to the True Point of Beginning; thence continuing North 87o32'26" West 33Z58a~et to a point t5 ,feet East of the West line of said subdivision: thence parallel with said West line, South O14)2'03" West 50l. 42feet to the Northeaslerly right-of-way of State Highway Na. 303; thence along said right-of-way South 34o11'26" East 169.87 Jket to the South line of'said subdivision; thence along said line South 87o38'10" East 237.82.~et; thence North Ol oil 78" East 637.31feet to the True Poinl of the REZ I ] -05-99-2 Richard and Deborah Vanoil Hearing Examiner City of Bainbridge bland Page - 1 - JH~4-~-~000 ~:34P FROIfi:D SAWYER ~06 TS~ ~955 TO:T8086~O P:5/ll Beginning. 2. The Vanoil property is located on the south side of Day Road East approximately 300 feet east of the intersection of Day Road East with SR 305 in the city of Balnbridge Island, The property gently slopes toward the northwest and is vegetated with a second-growth forest of conifer and deciduous trees. 3. The Vancil property has direct access to Day Road East. The property also borders SR 305, however, access directly onto SR 305 is not anticipated. A signaled intersection provides access onto SR 305 from Day Road East approximately 300 t~et to the west of the Vanoil property, 4. The properties surrounding the Vanoil parcel have the following zoning designations and uses: a) North: Light Manufacturing, Sage Manufacturing; b) South: SR 305 and R-0.4, undeveloped; c) East: R-0.4, a private Elementary School under a Conditional Use Permit and a single family residence; d) West: R-0.4, a Veterinary Hospital under a Conditional Use Permit. 5. On November 22, 1999 a Comprehensive Plan Amendment changed the Comprehensive Plan designation for the Vanoil property from OSR-0.4 to LM. 6. Properties surrounding the Vanoil property have the following Compreh~msive Plan designations: a) North: LM; b) South: OSR-0.4; c) East: OSR- 0.4; d) West: OSR-0.4. 7, At the request of the applicants, Heath & Associates, Inc. conducted a Traffic haspact Analysis for a proposed LM project on the property. This study was completed on July 26, 1999 and is included in the record as Exhibit 17. G-regary B. HeatIx, a Registered Profi:ssional Engineer concluded, based on his Traffic Analysis, that a LM project on the Vanoil property, developed to its ti~ll potential of 59 employees, would generate an average of 178 vehicle trips per day. Mr. Heath considered the impact of this potential traffic on both the intersection of Day Road East and SR 305, and the intersection of Day Road East and Madison Avenue North. Mr. Heath concluded that the added potential trips fi:om an LM project at this site would be no more than a modest generator of new trips in the area. He concluded that major off:site trottic-related mitigation would not be needed for congestion reduction, According to his report, the Level of Service at the intersection of SR 305 and Day Road would remain the same in all directions with or without this project. The Level of Service at the Day Road East/Madison Avenue North intersection, which is a four way stop, is also expected to remain the same in all directions except westbound. The Level of Service westbound would drop from A to B if this project were developed to its maximum potential. Mr. Heath therefore concluded that any LM business traffic would create only a modest impact on the surrounding roadway system. Potential conflicts, however, exist during peak hours with traffic generated by Sage Manufacturing, Island School, Wilkes School and commuters. These conflicts in scheduling could be resolved by restrictions on wonk hours as mitigation at the time of a project permit application. REZ 11-05-09-2 Richard and Deborah Vanoil Hearing Examiner City of Bainbridge Island Page -2- ~Hfi-d~ ~ n~:3~P FROrl:D SRNYER 206 780 2933 T0:78086~0 8. A State Environmental Policy Act (SEPA) Determination ofNonsigni~cance (DNS) was issued on August 11, 1999. No appeals were filed and the SEPA DNS became final on August 26, I999. 9. The applicants first submitted a Comprehensive Plan Amendment request in August of 1995, requesting that the Comprehensive Plan designation for their property be changed from OSR-0.4 to LM. In December, 1995 that request was apprev~d by the City Cormell for Phase II pending completion of the Economic Element of the Comprehensive Plan, The Economic Element of the Comprehensive Plan was adopted in January of 1999. The City Council then approved the Vanell Comprehensive Plan Amendment request changing the Comprehensive Plan designation for their property from OSR-0.4 to LM on November 10, I999. This Comprehensive Plan Amendment became effective November 22, 1999. 10. The Vanell property is located in an area identified by the Bainbtidge Island Comprehensive Plan Land Use Element, LU 1.5, as an area designated for Light Manufacturing. Properties to the north of the Vanell property have historically been used for Light Manufacturing businesses such as Sage Manufacturing and Port Madison Canvas Company. 11. Goal 1.14 of the Economic Elcment: Retain Light Manufacturing employment as an important source oJfamily w age jobs on Bainbridge lslarut. The Vanells' business, Mastercraft Lighting, Inc., presently does business at a location near Day Road on the west side of SR 305. The business has a need for expansion and new facilities. 12. Goal 2 of the Economic Element: Support entrepreneurism by providing adequate land use designations in keeping with the character of the island The record shows that several Island businesses have been forced to leave the Island to find more property for needed expansion. Only 6 acres of undeveloped LM zoned land remain available on the Island. 13. Economic Element 2.5 lists the following criteria to be considered before granting a new Light Manufacturing land use designation: (a): Proximity to existing LM. The Vanell property is across Day Road East from two other properties zoned for Light Manttfacturing uses. In addition, the properties to the East and West' of the Vanell parcel are p~sently being used for non-residential uses. A majority of the LM zoned land on the Island is located along the Day Road west and east corridor. (b) the total amount oJ:LM zoned land There are approximately 86 acres of Light Manufacturing zoned land on Bahabridge island, of those 86 acres a total of 41 acres remain undeveloped. The Day Road area on the East and West side of SR 305 has approximately 75 acres of land zoned Light Manufacturing, Of the remaining undeveloped LM zoned land, there are only four parcels not included in the Manzanita Master Planned Development, none of those four parcels is greater than 3 acres in size. The record has shown that several existing island REZ I 1-05-99-2 Richard and Deborah Vanell Heating Examiner CitT of ihinbridge Island Page JAd-2::-2000 G~Z:56P FROM:[~ 'SAWYER 206 780 2955 T0:7808600 P:5'll _ businesses have expressed a need to expand, but cannot find suitable LM parcels on the Island, In the recent past, other local businesses found it necessary to move off the island to meet their expansion needs. Some of those businesses which have left the city, in part due to an unavai lahility of sites for expansion of their business, include: Thomas Kernper, Bainbridge Manufacturing, and Boxlight. If this fezone request were granted, it would add approximately 4,77 acres to the Light Manufacturing zoned land in the Day Road area. (c) Compliance with all existing policie,~ in the Land Use Element. A zoning change to LM would meet Land Use Element Goals to concentrate Light Manutiicturing activity at Day Road, and to support entrepreneurism by providing adequate land use designations to retain Light Manufacturing employment on Bahabridge Island. The property is lorestad and a preservation of that foresled buffer through zoning site design requirements will comply with LM 1.8 to screen the development yeax round from adjaeemt non-indusm'iai properties. (d) Reasonable proximity to SR 305. The Vanell property adjoins a portion of SR 305 and has signaled access to SR 305 by way of Day Road East. The signaled intersection with SR 305 is located approximately 300 feet from the NW corner of the Vanell property, (e) Availability of public sewer or water, or whether permitted uses might safely use wells and septic systems and other alternative system~ lhat are approved by the Bremerton-Kitsap County Health District. Public sewer and water are not available for the Vanell property, On-site s~ptic systems will be needed for future development of the site, either as a residential site or a Light Manufacturing site. An on-site sewage disposal system will he required to meet the standards of the Bremerton-Kitsap County Health District and their adopted roles and regulations. The Bre~nertonoKitsap County Health District regulations prohibit industxial waste from being disposed of in an on-site septic system. Potable water will be provided to the site by North Bainbridge Water Company. Exhibit 19 is a letter from North Bainbrldge Water Company Inc., dated December 7, 1999, describing the progress of the installation of a 10" main extension the North Bainbridge Water Company main tank farm on Madison Avenue to the Day Road Industrial Park. This main extension has been designed to provide 1,500 GPM fire flow to commercial properties located on the east side of Highway 305. The Vanells are signatories of the Day Road Light Manufacturing Fire Flow Association which has contributed to the timracing of this water main extension project. According to Exhibit 19 adequate fire flow should be available to the Vanell property alter December 31, 1999. Earl Davis of the Bainbridge Island Fire Department, by Mereorandum date August 18, 1999, states that the minimum required ~m flow for constriction of commercial type buildings in the city of Bainbridge Island is 1,500 GPM. 09 Consideration of nonpoint pollution concerns identified in the Bainbridge Island P/atersheds 1995 Report. Manufacturing activities and other businesses that are likely to locate within an LM zone are identified in the Watershed Characterization ! 995 Report as Small Quantity Generators of hazardous waste that may contribute to nonpoint source pollution. Existing State and Federal laws and the City of Bainbridge Island Storm Management Ordinances and Light Manufacturing REZ I 1-05-99-2 Richard and Deborah Vanell Hearing Examiner City of Bainbridge Island Page -4- JAH-2~-2000 02:37P FROM:I/'SAWYER ~06 T~SO 2955 T0:7808600 P:6'll _ Performance Standards address the need to control hazardous waste and prevent any potlutants from entering the ground water. In addition, Bremerton-lrdtsap County Health District regulations do not permit hazardous substances to be discharged into on-site septic systems. Contaminants resulting from clearing or grading for a Light Manufacturing development must be reduced through erosion control measures required by BIMC 15.20. In addition, properties being developed for fitare Light Manufacturing use must retain at least 30% of the land area in open space and landscaped buffers under the newly revised BIMC 18.105. (g) adjacency to non-residential land uses. The Vanell property is bordered on the east by property being used for an Elementary School, and on the west by property being used for a Veterinary Hospital business. Across the street from the Vanell properly, two Light Manufacturing businesses are being conducted in an LM zone. The southern portion of the Vanell property fronts on SR 305. A large parcel developed with a single family residence borders the Vanell property to the southeast. (hi minimal impact to .residenHal land uses, neighborhoods, and open ~vace/conservancy areas. A change of zoning for the Vaneli property to LM would have a mInimal impact on residential land uses, neighborhoods or open space/conservancy areas in the vicinity. Any development would be required to meet the standards of the LM zoning district as outlined by BIMC 18,72, the newly revised site plan and design review requirements of BIMC 18.105 and the landscaping requirements of BIMC 18.85. These standards address the potential impacts of noise, glar~ and heat, ground vibration, waste storage and disposal, al~r quality emissions, exterior lighting, ground and soil contamination, electrical interference and fire and explosives. It should be noted that noise generated from an LM use, under the requirements of the Bainbridge Island Municipal Code, must not exceed the rm~ximum noise levels for the receiving property. (i) the potential for quality open space or agricultural use. The Vancil property is presently undeveloped, The property has the capability of providing quality open space by retaining 30% of the land area as forest, lorested buffers and open space. Designating open space on the property on the northeastern portion of the property, along Day Road, would provide the most visible open space protection for users of Day Road East. Visual screening from the LM site for surrounding properties is required by the Comprehensive Plan and the Site Design Standards of the BIMC. O;~ conformance with all perforraance standards in ef)fct for l;M shall be required Revisionsto BI[MC 18.105 were adopted under Ordinance 99-30 and became effective November 22, 1999. Any new Light Manufacturing project developed on the Vanoil property would be subject to all provisions of the Bainbridge Island Municipal Code in effect at the time of the application. 14. One of the five overriding principles guiding the Comprehensive Plan is to preserve the special character of the Island which includes foresled areas, meadows, farms, marine views and winding roads bordered by dense vegetation. This parcel is covered by a dense second growth tbrest of mature conifers and deciduous trees. As a condition of this fezone, the applicant should REZ I 1-05-99-2 Heating Examiner Richard and Deborah Vancll City of Ilaiubrldge Island TA~4~2~-2000 02:58P FROM:O SAWYER 206 780 2955 T0:7808600 p:?/ll be required to maintain these fetested landscapes in the boundary buffers and required open space. Special comsideration should be given to retaining the forest screening along Day Road East and in buffers along property lines to diminish the visual impact liom commercial development of this properW. 15. Notice of the Public Hearing in this matter was posted on the subject property and at the City's designated posting sites, and mailed to properties within 300' on November 12, 1999. In addition, notice was published in the Bainb~dge Review on November 17 and 24, 1999. 16. At the time of the Public Hearing testimony was given by Robert Lindsey and Charles Angell, ownen of residential properties in the vicinity. Mr. Lindsey resides at 8796 NE Day Road and Mr. Angell resides at 8755 NE Day Road. Both neighbors expressed concerns about the addition of morn txaffic to the roadway of Day Road East near their property. It was their testimony that the intersection of Day Road East and SR 305 is already eongested. They were opposed to the addition of any traffic from new business developments in their neighborhood. The Traffic Analysis done by Heath &: Assoqiates, Inc., however, indicates that the Level of Service on Day Road East is LOS B and would remain unchm~ged by the addition era Light Manufacturing project on the Vancil property. Concerns about the timing of peak volumes in the morning and in the evening from businesses located on the Vancil property could be considered for possible mitigation measures to be imposed at the time of site development. This rezone request is a non-project action. CONCLUSIONS OF LAW 1. Deborah and Richard Vanell are the legal owners of the property which is the subject of this request for rezone. 2. Adequate legal notice was given of the Public Hearing and this matter is properly before the Hearing Examiner for Reconunendation. 3. BIMC 18.114.040 establishes the criteria to be considered in a request for fezone. 4. BIMC 18.114.040.(A): The rezone wilt not be materially detrimemal to the public wel./itre or injurious to the property or improvements in the vicinity and zone in which the property is located The Vanoil property is adjacent to non- residential uses, including other LM zoned property. Thc Vanell parcel is adequate in size to accommodate a commercial development while maintaining the required vegetated buffers along the boundaries of the property and also to designate additional Open Space. The Vanoil parcel is 4.47 acres in size. Compliance with the development regulations for properties in the Light Manufacturing zone under BIMC 18,72, 18.85, I8.1(15 will ensure that any LM project developed on this site will not be injurious to the property or improvements in the vicinity. REZ ! I -05-99-2 Richard and Deborah Vanoil He~rlng Examiner City afBainbridge bland Page JAq-eO-e000 0~:~8P FROM:D SAWYER ~06 ?~0 ~935 TO:T808600 P:8/ll 5. BIMC 18.114.040.(B): The rezone is warranted because of changed circumstances and the proposed designation is appropriate for reasonable development of the subject property or because of a need for additional property in the proposed zone and the proposed designation is appropriate for reasonable development of the subject property, The record at the public hearing has demonstrated a need for new opportunities for expansion of light manufacturing businesses in the city of Bainbridge Island. The need for those new LM designations was addressed at length in the Economic Element of the Comprehensive Plan which was passed by the City Council in January of 1999. Undeveloped Day Road LM zoned property is very limited. Only four parcels, totaling 6 acres when combined, are presently available for the location of new businesses or expansion of existing businesses. All other LM zoned property in the city is either developed or is subject to a Master Plan. Re. zoning the Vanci l property to LM will provide 4.47 acres of additional land for the expansion of the Vancil's lighting business to a new location. Mastercraft Lighting, Inc. is a business which presently occupies space in the LM zone on Day Road West. Movement of the business to the new LM site on the Vancil property on Day Road East will make available the vacated site for the establishment of a new business, or expansion of an existing one. The Vancil property is appropriate for development as a Light Manufacturing site because it is of an adequate size, topography and location to meet the requirements of the Comprehensive Plan and the Bainbddge Island Mun/cipal Code. The parcel is of a sufficient size to accommodate the required vegetated buffers and designated open space required under the site plan design and review of standards of BIMC 18.105 and the zoning standards of BIMC 18.72 for LM zones. In addition, the parcel is situated near SR 305 and has easily available access directly onto Highway 305 via Day Road East. There are no critical areas on the property which require protection under BIMC 16.20. 6. BIMC 18.114.040.(C): The subject property is s~titable for development in general conformsnee with zoning standards under the proposed zoning designation. The Vanoil property is of an adequate size and configuration to accommodate the zoning standards for Light Manufacturing districts presently in effect. In November, 1999, the City revised the site plan design and review process of BIMC 18.105 to include new design standards for Light Manufacturing projects. The Vancil property has an adequate size and topography to accommodate the design requirements for a Light Manufacturing project. The Vaneil property will be serviced by adequate potable water, available water pressure must provide fn'e flow adequate for fire protection for commercial structures under the Uniform Fire Code. In addition, the site soils appear to be adequate for location of on-site sewage disposal systems required to s~rvicc a Light Manufacturing business project. Public sewers are not available to the Vanell property. 7. B1MC 18,114.040.(D): The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subjectproperty. The rezone of the Vaneil property to a Light Manufacturing zone will not be materially detrimental to the uses of other prol:~l~rties in the vicinity. The Vaneft property is surrounded on three sides by non-residential tlsos. Immediately across from the Vaneil property are two pamels which have already been designated for LM uses. REZ I 1-05-99-2 Richard and Deborah Vancil Hearing Examiner City of Balnbrldge Island Page -7- JAN-~O eOgO 0~:39P FROM:D SAWYER ~06 780 ~933 T0:78~86~ P:9,'ll This Vanell parcel is adequate in size to accommodate a commercial development while mah~taining visual screening with vegetated buffers along its boundaries to protect adjoining property uses. The property is of sufficient size to retain 30% of the property in open space and landscaped buffers after reasonable development. The Pertbrmance Standards for the LM zone, BIMC 18.72, address the questions of noise, glare and heat, ground vibration, waste storage and disposal, air quality emissions, exterior lighting, ground and soil contamination, electrical interference and fire and explosives. Compliance wifft these standards will protect the adjoining properties fi'om significant impacts from an LM project on this site. 8. BIMC 18.114.040.(E): The property will be served by adequatepublic facilities including roads, water, .fire protectior~ sewage dispo.~al facilities and storm drainage facilities for the intensity to which it is being rezoned. The Vanell property will be served by the North Bainbridge Water Company to provide potable water and water for fire protection for any development on the property. The North Bainbridge Water Company has provided a letter, marked as Exhibit 19, which s~tes that they have an onenine main extension project which will provide fire flow of 1,500 GPM for commercial properties on the east side of Day Road upon completion. According to the water company, the project should have been completed by December 31, 1999. It will be necessary for any applicant for a commercial development at this site to provide documentation that adequate fire flow is available for fire protect/on of any commercial buildings proposed at this site. Fire protection for any project at this site would be provided by the Bainbridge Island Fire District, which has a substation near the property on Phelps Road. Sewage disposal facilities would be provided at this site by an on-site sewage disposal system. Prior approval by the Bremerton-Kitsap County Health District is required for any on-site sewage disposal system. Bremerton-Kitsap County Health regulations prohibit the disposal of hazardous waste into an on-site sewer system to protect ground water. Storm drainage facilities for any commercial development of this property have to meet the requirements of BIMC 15.20 and l 5.21. Those Ordinances set forth the design standards for control of water drainage, and for storm water management for any project built at this site. This parcel has direct access onto adequate public roadway systems including SR 305 and Day Road East. 9. B/MC 18.114.040.(F): The rezone is in accord with the Comprehensive Plate Th~s request for rezone is consistent with the newly granted Comprehensive Plan Amendment which changed the Comprehensive Plan designation for the Vanoil property from OSR-0.4 to LM. This rezone complies with the criteria of Comprehensive Plan Economic Element 2.5 which sets ~rth the criteria for designation of new Light Manufacturing properties. This proposed fezone is consistent with the goals and policies of the Land Use Element of the Comprehensive Plan. This rezone request also complies with the Growth Management Act (RCW 36.70A) which requires that zoning be consistent with the Comprehensive Plan. 10. BIMC 18.114.040.(G): The fezone complies with all other applicable criteria and standards of the city~ During the review process for the Comprehensive Plan Amendment and the request for rezone for the Vancil property, all applieable criteria in the B1MC and the REZ l 1-05-99-2 Hearing Examiner Ri~:llard sad Deborah Vanoil Clay of Bainbridge Island Page -8o J.~N-~O-2000 02:~0P ~ROM:D 8~Y~ 2~6 ?SO ~933 T0:7808600 P:10~11 Comprehensive Plan have been applied to the proposal. A review of those criteria and standards by the Planning Department has shown that the proposed fezone of the Vanell property complies with all applicable criteria and standards of the BIMC and the Comprehensive Plan. l l. BIMC 18.114.040.(H): The rezone would nat devalue surrounding or nearbyproperty. A rezone of the Vancil property to an LM zone will not be materially detrimental to nearby property. Adjacent properties, all zoned residential, are being used under Conditional Use Permits for non-residential uses. The site plan and design review pm~ess of BIMC 18.105, as newly amended by Ordinance 99-30, provides protections for adjoining properties fi'om impacts from a Light Manufacturing project at this site. Adjacent properties would benefit from buffi:rs required along all property lines and from open space designations maintaining 30% of the project site in open space and buffers areas. Traffic impact from a Light Manufacturing project on the Vanell property, even at maximum potential development, would provide only a modest impnet on the surrounding roadway systems, according to the Traffic Study done by Heath & Associates, Inc. Performance standards tbr in the LM zone protect sarroanding properties from significant impacts from noise, glare and heat, ground vibration, waste storage and disposal, air quality emissions, exterior lighting, ground and soil contamination, electrical interference and fire and explosives. Pwperty values of stwroanding properties should not be devalued by this change in zoning. 12. BIMC 18.114.040.(1):/'he rezone will not result in an adverse environmental consequence. As a part of the review process for this rexone application, an environmental analysis was canduct~ under the State Environmental Policy Act (SEPA). It was determined there would be no adverse environmental impacts resulting fTom this non-project action. A Determination of Nonsignificance (DNS) was issued and became final on August 26, 1999. Any potential environmental impacts caused by a development of this property to light manufacturing use will be subject to the requirements of the site plan and design review process and to the adopted development regulations and performance standards included for the LM zone at the time of that project application. Proper mitigation measures will be imposed at the time of development application to assure minimal environmental consexlucnce from the development of this parcel for a fight manufacturing use. No critical areas have been identified on this parcel which require protection under BIMC 16.20. 13. A condition must be imposed on this rezone to ensure the preservation of foresled screening buffers and opens space to preserve the special character of the parcel and visual screening for adjoined landowners. Preservation of the visual quality of the roadways adjoining the property would be maintained by these buffers. Conservation ofwildlife habitat is an important function of these lorested buffers and open space. RF_,Z I 1-05-99o2 Richard and I~borah Vanoil Hearing Examiner City of Bahbridge Island Page -9- ~H-~;3-~gO ~:~lP FROH:D S~MYER ~06 780 ~933 TO:7888E,00 P:11/11 RECOMMENDATION After consideration of the information contained in the record and a visit to the Vanell property on Day Road East, the Hearing Examiner now recommends to the City Council that the request for rezone on the Vancil property from Residential (R-0.4) to Light Manufacturing (LM) be granted subject to the following condition: The property owner is required, at the time of development of the parcel for LM use, to retain the existing foresled landscape in all required boundary line buffer areas and in designated open space to preserve the foxested character of the site, provide visual .screening for surrounding property owners, preserve the visual quality of Day Road East and SR 305 and conserve lorested areas for wildlife habitat on the site. Daled this 19th day of January, 2000 By: ~ ~ ~ Robin Thomas Baker Hearing Examiner Pro Tem City of Bainbridge Island. REZ t l -05-99-2 Richard and Deborah Vancil Heating Examiner City of Bainbridge Island Page - 10-