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WOODLAND SUB02-02-98-1 (1) THE DEPARTMENT OF THE HEARING EXAMINER In the Matter of an Application } No. SUB02-02-98-1 for Preliminary Plat Approval } FINDINGS OF FACT, CONCLUSIONS Woodland Village Subdivision } OF LAW AND RECOMMENDATION Landmark Management LLC Applicant } } RECOMMENDATION The Preliminary Plat for Woodland Village Subdivision should be approved subject to conditions imposed by SEP A review and additional conditions recommended by the Department of Planning and Community Development and the Hearing Examiner Pro Tern. Those conditions are listed under the Conclusions of Law section of this Recommendation. FINDINGS OF FACT 1. This application for Preliminary Plat approval seeks approval for a subdivision of real property owned by Antone Pryor, legally described as: The Northeast quarter of the Southeast quarter of the Southwest quarter of Section 23, Township 25N, Range 2E, Willamette Meridian, Kitsap County, Washington; except the North 20 ft thereof; also except Femcliff Avenue NE. The subject property is identified by tax account number 232502-3-024- 2004. The parcel is located approximately 1/4 mile north ofthe intersection of High School Road and Femcliff Avenue on the west side of Femcliff Avenue in the City of Bainbridge Island. The owner is represented by Landmark Management, LLC and Douglas Nelson, applicant for this Preliminary Plat application. 2. The Pryor property is presently undeveloped. The property site has a dimension of approximately 9.408 acres. The property has a zoning designation ofR2.9 and a Comprehensive Plan designation of Semi-Urban Residential. 3. A Mitigated Determination of Non-Significance was issued by the city on October 7, 1998 attaching certain conditions to the project for SEP A approval. That MDNS was not appealed and became final in late October, 1998. t 4. A notice of complete application was sent to the applicant and notice of the complete application was published on June 13, 1998 and June 20, 1998 in the Bainbridge Island Review. 5. On July 17, 1998 Resolution number 98-29 was passed by the City Council approving the expansion of City sewer service area to the Woodland Village subdivision property. Water service is also available. EXHIBIT 69. 6. On September 12, 1998, the applicant revised his Preliminary Plat application, reducing the number of Lots proposed from 32 Lots to 30 Lots. The MDNS issued in October 1998 was made based on that 30 Lot revised plat. 7. The Planning review process continued and further revisions were made to the Preliminary Plat application by the applicant. A revised Preliminary Plat was received by the Planning Department on February 2, 1999. That revised Plat has been included in the record as EXHIBIT 47. The imposition of conditions and recommendation for approval subsequently filed by the Planning Department were based on the February 2, 1999 revised Plat application. 8. The staff report was issued on March 12, 1999 by George Johnston, Associate Planner at the Department of Planning and Community Development. That staff report is included in the record as EXHIBIT i. 9. The Public Works Department of the City of Bainbridge Island reviewed the project application and approved the proposal with certain conditions. Memo dated: February 18, 1999. EXHIBIT 28. 10. On February 19, 1998 the Bainbridge Island Fire Department sent a memo outlining its review of the project. This memo is included as EXHIBiT 5. 11. This project has been reviewed by Phyllis Meyers on behalf of the Suquamish Tribe and her letters of recommendation are included in the record as EXHIBIT i3. 12. This project was also reviewed the Washington State Department of Resources and Mr. David Weiss. A Forest Practices Permit will be required to remove trees from the property. His letter is marked EXHIBIT i2. 13. Notice of the project sent to Puget Sound Energy which notified the City it had no comments on the proposal. A letter from Linda Streissguth for Puget Sound Energy is included in the record as EXHIBIT ii. 14. During the review of the Preliminary Plat application, an environmental evaluation of the project site was made by Moss Environmental, on behalf of the applicant, and the Moss report is included in the record as EXHIBIT i6. The environmental review made on behalf of the City was done by Adolfson 2 Associates, Inc. The Adolfson letter ofreview is included in the record as EXHIBiT i7. 15. As a part of the review of this Preliminary Plat application, the City did not conduct a formal traffic study, however, Mr. David Nelson of the Department of Pubic Works testified that his Department reviewed the project to determine what impact the addition of thirty houses on this property would have on traffic on existing city streets. Mr. Nelson testified that Femcliff Avenue which adjoins this project site is a secondary arterial which presently provides a Level of "A" according to the Comprehensive Plan. The LOS"A" and is projected by the Comprehensive Plan to continue to the year 2015. The Public Works Department estimated that approximately 300 car trips per day would be added to Femcliff Avenue from this subdivision. Mr. Nelson testified that Femcliff Avenue, as presently constructed, is capable of absorbing that additional traffic without a substantial downgrade in the Level of Service now available on Femcliff Avenue. Mr. Nelson further testified that the Public Works Department recommends a traffic study for a project where existing roadways are operating with a Level of Service of"D" or "E" prior to the project however Public Works does not usually require a traffic study where the present Level of Service is at levels "A" or "B". 16. A public hearing was held on March 19, 1999 for which notice was posted with City notices at the Ferry Terminal, City Hall and notice was published in the Bainbridge Island Review. The Notice of Hearing was also mailed to surrounding property owners. A public hearing was held during which testimony was given by the Department of Planning and Community Development, the Department of Public Works, Mr. Doug Nelson, applicant, and from numerous members of the public who attended the hearing. A list of those attending the March 19, 1999 hearing is included in the record as EXHIBiT 73. During the course of that hearing, several members of the public testified that the property had not been posted with an official notice of the hearing as required by the Bainbridge Island Municipal Code. After the close of the hearing, further inquiry by City Staff revealed that in fact the subject property had not been posted with notice of the March 19, 1999 hearing. When informed that notice of the March 19,1999 hearing had not been posted, the Hearing Examiner Pro Tem rescheduled the public hearing on the application for May 27,1999. 17. Prior to the May 27,1999, hearing, notice of the public hearing was posted on the property, City Hall and the Ferry Terminal, mailed to surrounding property owners as required by the Code and published in the Bainbridge Island Review. An additional public hearing was held on May 27,1999. A list of those attending the May 27, 1999 hearing is included in the record as EXHIBIT 74. 18. At the end of the public hearing on May 27,1999, documentation on the availability of water and sewer for the property had not yet been received for inclusion in the record. Therefore, at the request of the City and the Applicant the record was left open until June 4, 1999, for filing documents and further written 3 comments by the parties and the public. Prior to the June 4, 1999 deadline, the Hearing Examiner received a further request from the City and the Applicant to extend the deadline for the submission of documents beyond the June 4, 1999 date because the necessary documents had not yet been received by the Planning Department and the Applicant wished to file an Open Space Management Plan for review with his Preliminary Plat application. The Hearing Examiner granted that extension of time for filing documents and as a condition continued the public hearing to June 17, 1999 to allow public comment on documents submitted after the May 27,1999 hearing. Notice of the continuance of the public hearing and the extension of time for submission of additional documents was sent to all parties and to all members of the public attending the March 19, 1999 hearing and/or the May 27, 1999 hearing. After notice was mailed, the Hearing Examiner's office learned that Mr. Bob Katai, the new Planner assigned to the Woodland Village project, had a conflict on June 17, 1999 with another scheduled hearing. At his request, the Hearing Examiner then continued the June 17, 1999 public hearing to June 23,1999. Notice of that June 23,1999 hearing was again sent, by mail, to all parties and to all members of the public signing in at either the March 19, 1999 hearing and/or the May 27, 1999 hearing. The public hearing was continued on June 23, 1999. Mr. Bob Katai testified for the Planning Department, Mr. Nelson testified for the Applicant and several members of the public made statements for the record. A list of those attending the June 23,1999 hearing and marked EXHIBIT 75. All public hearings were recorded and the recording was monitored by Jacque O'Donnell, Assistant to the Hearing Examiner. 19. This project site is located approximately v.. mile north of the intersection of High School Road and Ferncliff Avenue. Ferncliff Avenue is presently undergoing a substantial road improvement where bike lanes and sidewalks are being and site lines are being improved. Ferncliff Avenue, as it abuts this project site, is designated as a bike route in the Bicycle Plan included in the Transportation Element of the Comprehensive Plan adopted by the City of Bainbridge Island. The Transportation Element promotes island bike/pedestrian access to encourage people to peddle or walk rather than drive. As a condition for this project, Planning has recommended that the applicant be required to construct a sidewalk along Fernclifffrom the South access road of the project along the eastern property line to the South property line. This sidewalk is recommended for pedestrian access to the subdivision and to connect with a future sidewalk to be constructed along properties to the South, then connecting with a sidewalk at High School Road intersection. This project site is approximately a mile from the Ferry Terminal and within v.. mile of existing bicycle lanes on Ferncliff Avenue between High School Road and Winslow Way E. An extension of the bicycle lane along Ferncliff Avenue would encourage residents of this subdivision to use bicycles and pedestrian access to and from the subdivision. The public would also benefit from such a bike lane extension along Ferncliff Avenue. A reduction in traffic would reduce the impacts on this neighborhood as this parcel and adjoining parcels are developed. 4 20. This project includes a 10% density bonus because the applicant has agreed to provide 3 units of affordable housing on Lots 29, 30 and 9. 21 This project proposes 30 residential lots on 5.4 acres of property remaining outside designated Open Space. Tract D is the only active common open space provided for recreation for residents of this subdivision. Under the conditions imposed by the MDNS, the large open space designated on the plat as Tract E, which contains Class II wetlands, will remain in its natural state as a "no build" zone. There are no recreation trails or pathways presently located in Tract D and none will be built as a part of this project. The 100 foot wetlands buffer separating the Class II wetlands from the developed portion of the subdivision, also has been designated as a "no build" zone in the MDNS. A split rail fence or similar fencing will separate the buffer area from the buildable area on privately owned lots included in the subdivision. A Homeowners" Association will be needed to enforce "no cut," "no build" restrictions in the buffer and wetlands areas and to maintain the fencing separating the buffer areas from development lots in the subdivision. 22. The Preliminary Plat as drawn includes a portion of the wetland buffer on Lots 7 through 16. The lot lines are drawn so that the wetland buffer comprises at least 15% of each residential lot numbered 8 through 16. Since the wetland buffer is required be maintained in its natural state, an Open Space Management Plan must contain clear rules for maintenance of the buffer area and prohibitions against building or cutting in the buffer or encroachment by non-native vegetation. A Homeowners" Association will be needed to ensure that the protective buffer for the Class II wetlands is preserved in its natural state without encroachment by any private lot owner. EXHIBIT 62 submitted for the record by Mr. Vince Mattson, dated May 21,1999, contains calculations showing the percentage of wetland buffer inside Lots 7 through 16. 23. The Bainbridge Island Fire Department has required a two-way access road to ensure this subdivision for adequate emergency access to the homes. A 40 foot Right-of-Way is shown on the proposed Preliminary Plat marked as EXHIBIT 47. 24. This subdivision will provide housing for families with children school age and this student population will impact the Bainbridge Island School District. 25. There is only one open space tract proposed in this subdivision for active recreation for the residents, Tract D. With 30 housing units in the subdivision, each on a 5000 sq. ft. lot, it is important to provide other access to active recreation. A connection to existing sidewalks and bike lanes will allow access to other parks in the City. Residents of this subdivision need opportunities for active recreation which would not encroach on the environmentally sensitive Class II wetlands being protected on this property. 5 26. Ferncliff Avenue is presently a quiet wooded street bordered by undeveloped property and a few residences as it travels from the intersection of High School Road to the intersection of Green Spot A venue. As a part of the Comprehensive Plan, the City of Bainbridge Island has included a policy of maintaining the character ofIsland roadways and protecting the Island's environmentally sensitive areas. In order to maintain the naturally wooded roadway character presently enjoyed by the residents of Ferncliff Avenue, a 40 foot no cut vegetative buffer has been proposed to remain between the building lots of the subdivision and Femcliff Avenue. This wooded buffer along Femcliff Avenue is designated as Tract B on the Preliminary Plat. It is separated from a 15 foot access easement serving Lots 30, 27, 26, 23 and 22 by protective fencing. It is necessary that this 40 foot wooded buffer be maintained in its natural state to preserve the character of the present roadway for the benefit of the neighborhood. Although, a portion of the storm water containment system will be built within Tract B, on its Southern end, the area around the storm water facilities will be replanted with natural vegetation after facility construction to preserve the native woodland character of that buffer area. The buffer area as it border Femcliff Avenue is a medium high vegetated bank which will be disturbed during construction of a sidewalk and bike lane along Femcliff Avenue. After construction of the bike lane and sidewalk the bank will be replanted with native vegetation and maintained as a no cut buffer. No aquifer recharge area has been identified on this parcel. 27 The Preliminary Plat provides for two five foot wide trail easements, one bordering Lot 15 and the other bordering Lots 7 and 8, to provide access to Tract E for purposes of maintenance of the fencing along the buffer boundary and enforcement of the "no-build," "no-cut" zone by the Homeowners" Association for protection Tract E. These easements must be legally described in the Open Space Management Plan to provide access for duties assumed by the Homeowners' Association. 28. Although Tract D has been designated by the applicant as an active recreation area for the subdivision, Mr. Doug Nelson testified at the hearing that there were no present plans to develop this Tract D into a tot lot. The development of this lot into an active recreation area for the benefit of the residents of the subdivision is necessary to provide some common area in the subdivision for use by residents since lots and yards are small and open space buffers are to be preserved in their natural state. 29 This Preliminary Plat includes the sidewalks along all interior roads with landscaping between the sidewalk and the street. Water and Sewer will be provided for this subdivision through an extension agreement with the City of Bainbridge Island. The proposed extension of new lines for sewer and water and the proposed additional use of existing facilities and utilities for sewer and water will not degrade the existing level operation and use of such utilities, facilities, 6 and services for the City of Bainbridge Island below accepted standards. EXHIBIT 69 is a letter of non-binding commitment for water and sewer from the City. 30. Tract E is designated as a wildlife corridor under the Bainbridge Island Comprehensive Plan and its preservation in its natural state will protect the existing wildlife habitat carrying capacity of property by continuing to provide wildlife corridors and preserving the areas used for nesting and forging by wildlife presently using the property. Since there will be no building or construction in the wetland or in its 100 foot buffer area, the wildlife corridor will be protected. 31. All public and private facilities and improvements on and off the site necessary to provide for the proposed subdivision will be available when needed. The City Council has agreed to extend water and sewer service to this subdivision as needed. Upon approval of the Preliminary Plat, the applicant will enter into extension agreements with the City for the provision of water and sewer service to the subdivision. This subdivision, using the flexible lot design, preserves an environmentally sensitive area, a Category II wetland located on the site, in an open space tract and the subdivisions overall design minimizes the impact to that critical area as required by the Bainbridge Island Municipal Code. 32. There are no agricultural uses presently being made of this property. 33. There are no scenic highways abutting this property and no significant views from public right of way, parks or open space with the exception of the heavily vegetated roadside along Femcliff Avenue. This roadway character is being maintained by the 40 foot "no cut" buffer along Femcliff Avenue and by 15 foot "no cut" vegetative buffers on the south and north ends of the subdivision along property lines. 34. The public use and interest will be served by the platting of this subdivision. 35. The Preliminary Plat of this subdivision meets the roadway and storm water management requirements of the Bainbridge Island Municipal Code if all attached conditions are met. 36. This proposal is in accord with the City's Comprehensive Plan and consistent with the zoning designation of the property. CONCLUSIONS OF LAW 1. This subdivision should be approved with the modifications described in the conditions recommended as a part of this Hearing Examiner recommendation. The original proposal has been substantially modified during the course of the planning review process. 7 2. This matter is properly before the Hearing Examiner for public hearing and for recommendation to the City Council. Adequate legal notice was given of public hearings held in this matter. Opportunity for public comment on this project was provided through three public hearings held in March, May and June, 1999. 3. Mr. Antone Pryor is the legal owner of the subject property and is being represented by Mr. Doug Nelson of Landmark Management, LLC, who will be the developer of this subdivision. 4. Adequate provisions have been made in the proposal for access roads to provide emergency services and adequate vehicle access to the residential lots being platted in this subdivision. 5. Adequate provision has been made for sidewalks along interior streets in this subdivision as well as landscaping within the subdivision. The subdivision will include streets with street names, traffic regulatory signs and mailbox locations. No transit stops have been provided within the subdivision. 6. Pedestrian facilities have been provided in the subdivision by the inclusion of sidewalk along the access roadway which connects to Femcliff Avenue on the eastern property line. 7. As a part of the proposed conditions for the subdivision a school impact fee will be collected on each building lot providing adequate support for impacts to the Bainbridge Island School District which will provide services the children of residents of the subdivision. 8. This subdivision has set aside open space totaling 44% of the property site. This protection of open space is consistent with the requirements of the Bainbridge Island Municipal Code. Critical areas on the site including a Class II wetland have been adequately protected by being set aside as open space preserved in its natural state and bordered by a 100 foot buffer area protecting it from intrusions from residential lots located in this subdivision. 9. There is a provision in this subdivision for an active common open space which can be developed as a community tot lot. As a condition of this subdivision, the applicant should be required to develop this active recreation area as a common park area with a tot lot facilities for use of subdivision residents. The density of this subdivision has diminished the lot size to approximately 5000 sq. ft. per building lot. Many of the lots included in the subdivision have as a percentage of the lot-area a protected buffer area which can not be used by the residents for . recreation or storage. It is important that the residents of the subdivision have some opportunity for active recreation to help preserve the natural character of the critical areas which have been segregated from the developable portion of this property. 8 10. There are no public parks directly adjoining this subdivision, however, as a condition of this subdivision it is being recommended that bike lanes and sidewalks be provided along Femcliff Avenue to encourage the residents of this subdivision to use non-motorized means to enjoy the character of their neighborhood and public parks in the vicinity. 11 This subdivision application has been reviewed by the Bainbridge Island Fire Department and will be required to provide 40 foot right-of-way for subdivision access roads to provide adequate fire and emergency vehicle access to the residences in this subdivision. In addition, the Fire Department has set standards for adequate fire flow which must be met by water service provided through an extension agreement from the City of Bainbridge Island. 12. The Department of Public Works has reviewed this subdivision and found that the proposals for drainage and storm water facilities are adequate provided the applicant meets certain additional requirements and conditions and gets approval of final plans and construction from the City Engineer. 13. Adequate, water including potable water, and sanitary sewer services will be provided to this subdivision through an extension agreement with the City of Bainbridge Island. 14. This subdivision application has been prepared consistent with requirements of the flexible lot line process and applicable flexible lot standards. This subdivision does contain a Critical Area as defined in Chapter 16.20 of the Bainbridge Island Municipal Code. The designation of this Critical Area as protected open space, meets the requirements ofBIMC 16.20 for protection of that Critical Area. Conditions recommended as a part of this document protect the hydrology of the wetland and its preservation as a wildlife corridor. IS The overall design of this Preliminary Plat with the conditions imposed by the Public Works Department and the Planning Department minimizes the likelihood of soil erosion and the possibility of on or off site infiltration from construction of this subdivision. The topography of this piece of property is such that this subdivision would not be expected to cause landslides or mudslides. The subdivision will meet the requirements for drainage control included in Bainbridge Island Municipal Code 16.20 after compliance with all conditions attached to its approval. 16. This preliminary subdivision plat is compatible with the physical characteristics of this subdivision site in that the soil types are appropriate for residential development and the relatively flat topography of the property outside the wetland allows development of this relatively high density subdivision next to a preserved Critical Area. 9 17. This subdivision proposal complies with all the provisions of the Bainbridge Island Municipal Code as well as the Chapters 58.17 and 36.70(a) of the Revised Code of Washington and all other applicable provisions of state and federal laws and regulations provided all conditions recommended are met during its development. 18. This subdivision proposal is in accord with the City's Comprehensive Plan and the zoning designations for this property. 19. Since this property is a heavily wooded site much natural vegetation and some significant trees will be removed as necessary for the development ofthis plat. A condition has been recommended requiring the retention of 15% of the significant trees on the property. In addition, "no cut" vegetation buffers are included on the North and South property lines of the subdivision as well as a 40 foot vegetative buffer on Ferncliff Avenue. The Critical Area open space is protected on the west side of the property. The Department of Natural Resources reviewed this subdivision application and confirmed that a Forest Practices permit would be required prior to clearing the trees on this property. That requirement has been included as a recommended condition. 20. All public and private facilities and improvements on and off the site necessary to provide for the proposed subdivision will be available when needed. An open space management plan will provide maintenance and protection of designated open space. The public use and interest will be served by the platting of this subdivision as it provides additional housing for a growing population for the City of Bainbridge Island and it complies with all the requirements of the Bainbridge Island Municipal Code and is in accordance with the Bainbridge Island Comprehensive Plan. 21. In order for this subdivision to meet the requirements of the Bainbridge Island Municipal Code certain conditions must be imposed upon the project. Some of those conditions have been required as a part of the SEP A process and are now recommended to the City Council by the Hearing Examiner. SEP A Conditions 1. To mitigate impacts associated with the clearing, grading or building activities, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan to the City Engineer for review and approval prior to any clearing, grading or building activities. This plan shall incorporate Best Management Practices. (Section 15.20, BIMC). 2. The limits of clearing and grading shall be clearly marked in the field and inspected by the City of Bainbridge Island prior to beginning of any clearing or grading on the site. 10 3. All clearing and grading shaH be performed during the dry months from April 1 through October 1 to reduce the potential for erosion. An extension may be granted by the City Engineer. 4. A storm water plan designed in accordance with the Washington State Department of Ecology Technical Manual shaH be submitted to and approved by the City Engineer prior to Preliminary Plat approval. Details on the storm water system shall be submitted in conjunction with road profiles. 5. To mitigate noise impacts to area residences, construction activities shall only occur between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. 6. To mitigate impacts on air quality during earth moving activities, contractors should conform to Puget Sound Air PoHution control Agency Regulations which ensure that reasonable precautions are taken to avoid dust emissions. (Section 16.08.040, BIMC) 7. To mitigate impacts on air quality, cleared vegetation must be removed from the site, processed by chipper, or processed using other methods of disposal that does not require burning 8. To mitigate potential off-site glare, any street lighting within the subdivision shall be hooded, shielded and have a maximum height of 15 feet above grade. 9. Impacts associated with emissions and odors from heating, ventilation and air conditioning units shall be mitigated by instaHing units that meet current air quality standards as required by State and Federal Laws. 10. To mitigate potential visual impacts form adjacent properties, a IS-foot wide no-cut vegetative buffer shall be established along the northern and southern boundaries of the proposed plat. 11. To mitigate potential visual impacts form adjacent properties and help maintain the wooded, roadside character of the Island, a minimum 40-foot wide vegetative buffer shall be established along the eastern property boundary of the plat along Ferncliff Avenue. The buffer may be used for some storm water facilities as determined by the Director. 12. The Class II wetland and its related 100-foot wide buffers delineated by Moss Environmental, shall be identified as open space on the final plat. The wetland and its buffer shall be retained in their natural state. 13. The wetland and its buffers shaH be protected during and after development of the subdivision by the following measures: A. Prior to any clearing, grading or construction activities, construction fencing shall be installed along the eastern boundary of the wetland buffer. 11 B. Prior to final plat approval, permanent markers shall be installed along the eastern boundary of the wetland buffer to identify the buffer on the ground. C. Prior to issuance of occupancy permits on residences constructed on lots adjoining the wetland buffer, the construction fencing along the eastern boundary of the wetland shall be replaced with split rail or other acceptable fencing. CONCLUSIONS OF LAW 22. As a part of the Planning Department review process, the Planning Department recommended certain conditions for this project to ensure compliance with the requirements of the Bainbridge Island Municipal Code The conditions recommended by the Planning Department and amended and confirmed by the Hearing Examiner are as follows: N on-SEP A Conditions 14. A school impact fee of $3,090.00 is to be paid for each of the newly created lots. One half of the fee, $1,545.00, shall be paid prior to final plat approval and the balance shall be paid at the time of building permit issuance (except for affordable housing units). IS. The subdivision roads and the water line, along with hydrants, shall be installed and approved by the City Engineer and Fire Department prior to any combustible construction on the site. 16. If propane gas is to be used as a fuel for heating any of the proposed residences, all individual on-site tanks must be located in accordance with Uniform Fire Code requirements regarding minimum distances to property lines and buildings. A permit is required to be issued from the Building Division prior to installation of any propane tank. 17. In accordance with Bainbridge Island Municipal Code (BIMC) Section 17.04.080, the subdivision shall be subject to an Open Space Management Plan. Said plan shall be approved by the Director of Planning and Community Development prior to Preliminary Plat approval. The Open Space Management Plan shall comply with the requirements in BIMC Sections 17.04.080 G and H. A Homeowners' Association must be formed for the maintenance of the open space that will be held in common ownership. The Open Space Management Plan shall be recorded with the Kitsap County Auditor's Office concurrent with the final plat and shall be noted on the face of the plat. 18. The open space shall be established by legally recorded easements, restrictive covenants, or other similar legal documents approved by the City Attorney prior to recording. Permanent signage shall be placed on the wetland buffer boundary identifying the area as protected Critical Area where no cutting, 12 dumping or building is allowed. Fencing shall be constructed along the wetland buffer boundary to separate it from private lot use areas. This legal document shall include the provisions of the Open Space Management Plan as approved by the Director of Planning and Community Development and shall be recorded concurrently with the final plat. 19. The following setback and lot coverage information shall be noted on the final plat: Building to Building: Minimum 10 feet separation Building to Exterior Property Line: Minimum 15 feet Building to Roadways: Minimum 40 feet from Femcliff Avenue Building to interior subdivision road: Minimum 15 feet Building to Trail or Open Space Minimum 10 feet Minimum Lot Width 50 feet measured at the minimum lot width Measurement line. Maximum Lot Coverage for each lot: 2000 square feet. 20. Prior to final plat, a plan and profile of the subdivision roads shall be submitted to the City Engineer for review and approval. All subdivision roads shall be constructed to City Engineer standards and Bainbridge Island Municipal Code Chapter 17, Appendix A requirements. 21. Prior to final plat, sewer and water lines as necessary to provide City sewer and water service to the subdivision, shall be provided and/or extended to the site. 22. Prior to final plat, all water and sewer lines/system details shall be developed per City standards and submitted to the Public Works Department for review and approval. Water and sewer lines must be installed prior to final plat approval to the satisfaction of the City Engineer. 23. All lot comers shall be staked with three-quarter inch galvanized iron pipe and wooden locator stakes. Additionally, all applicable provisions of Appendix A, BIMC Chapter 17.12. shall be met prior to final plat approval. 24. A plat certificate shall be provided prior to final plat approval. 25. Approved street names, traffic regulatory signs, and accessible mailbox locations that do not restrict pedestrian access must be provided prior to final plat approval. 26. Development of affordable housing units shall be in compliance with BIMC Chapter 18.90. All lots developed with affordable housing shall be shown on the final plat. Lots 29, 30 and 9 have been designated on the Preliminary Plat for development of affordable housing units. It is the responsibility of the applicant to arrange for affordable housing units to be built. 13 27 A note shall be placed on the final plat which requires that any attached housing units resemble, as closely as possible, a single family dwelling. 28. A minimum 5-foot wide sidewalk and a minimum 3-foot wide planting strip shall be installed along the subdivision road fronting proposed lots 1 through 20. The planting strip shall be located between the sidewalk and the edge of the roadway and shall be planted with street trees acceptable to the City and spaced at maximum distance of 20 feet on center. Final design approval by the Director of Planning and Community Development and installation of the sidewalks and planting strips is required prior to final plat approval. . 29. The proposed storm water detention pond shall be curvilinear in shape to resemble a natural pond and shall be screened through the use of appropriate native landscaping. A landscape plan for the area around the detention ponds shall be submitted to and approved by the City prior to final plat approval. Existing vegetation can be incorporated into the landscape plan, but areas where vegetation has been removed for construction must be revegetated with native vegetation. 30. The proposed storm water detention facility shall not protrude into the active common open space area which is illustrated on the February 2, 1999 Preliminary Plat Map. However, landscaping associated with screening the storm water detention facility may extend into the common active area as necessary and with the approval of the landscaping design by the Planning Department. 31. Residential garages shall be set back a minimum of ten feet from the front facade of each primary residence for each residential lot. The front facade is defined as the side of the residence facing the street. 32. The main entry to each primary residence shall face the street and a sidewalk shall extend from the front entryway of the primary residence to the sidewalk where provided. 33. The active common open space area as depicted on the May 1998 Preliminary Plat Map can be cleared as necessary to provide an area for "active" recreation. No buildings or impervious surfaces shall be constructed in the active open space area with the exception of a "tot lot" facility. The design of this active common open space area must be approved by the Planning Department prior to construction of a "tot lot." 34. An approved Forest Practices Permit shall be obtained from the Department of Natural Resources prior to any non-exempt clearing of the site. 35. Conditions 10, 11, 12, 13, 14, 16, 17, 18, 19,26,27,28,31,32 and 36 shail be listed on the final plat. 14 36. A minimum of 15 percent of the significant trees located outside of the Open Space Tracts and required buffers shall be retained. There shall be no cutting or clearing in the buffers except as necessary to construct boundary fencing. 37. In accordance with recommendations from Public Works, the storm drainage shown between Lots 21 through 30 shall remain private ownership and belong to the Homeowners' Association. This drainage line shall have a one way gravel access road constructed along its extremity. (See EXHIBIT 28). CONCLUSIONS OF LAW 23. Certain additional conditions are recommended by the Hearing Examiner to ensure conformity with the requirements of the Bainbridge Island Comprehensive Plan and the Bainbridge Island Municipal Code, those additional conditions are as follows: 1. That the applicant be required to develop the open space active recreation area designated on the Preliminary Plat as Tract D prior to sale of any residential lots in this subdivision before lots are sold. In order to provide adequate recreational facilities for this densely developed subdivision, some facilities must be provided for active recreation in the common areas. The building lots as proposed have been reduced to a minimum size of 5000 sq. ft. and the plat design provides very little space for outdoor recreation on individual lots. 2. Ferncliff Avenue is designated as part of the Bicycle Pathway plan under the Bainbridge Island Comprehensive Plan. Due to the close proximity of this parcel to the ferry terminal, the commercial districts and commuter areas near the terminal, it is important that the residents of this subdivision be encouraged to use alternative means of transportation to help maintain the residential character of the area and the quiet neighborhood that has been enjoyed by residents. In order to encourage the use of bicycles for active recreation and for commuting to and from work or the ferry terminal the provision of a bicycle lane along this entire eastern property line as it abuts F erncliff A venue is necessary to help reduce the amount of traffic, traffic noise and congestion added to Femcliff Avenue by the addition of30 new homes on this site. It is important to provide a separate bicycle lane for the safety of bicycle riders to the business district and ferry terminal from this residential area to encourage people to commute by foot and bicycle rather than automobile. This property is located within v.. mile of the improved sidewalks and bike lanes being built on Ferncliff Avenue between High School Road and Winslow Way E. It is a benefit to public safety to provide a separate bicycle lane to encourage bicycle commuting and to provide additional 15 opportunity for active recreation for the residents of this subdivision. A sidewalk along Femcliff Avenue along the entire east property line must also be built to provide for pedestrian access and safety. Construction of both the bicycle lane and sidewalk must be complete before any residential lots are sold in this plat. The buffer area must be revegetated with native vegetation after construction of the bicycle lane and sidewalk abutting Femcliff Avenue. Revisions to the Preliminary Plat must be made to accommodate this sidewalk and bicycle lane. 3. The applicant and the property owner are required to draft and record an Open Space Management Plan for the protection of open space provided in this plat. The proposed Open Space Management Plan, filed by the applicant, is inadequate to meet the requirements of the Bainbridge Island Municipal Code and must be revised to provide for the maintenance of open space areas as well as the enforcement of protection for buffer areas. The requirements for maintenance of fencing and enforcement of no-building, dumping, or cutting in the protected buffer areas must be borne by a Homeowners" Association formed by the lot owners in the subdivision for the mutual benefit of each of the owners as well as to benefit the public interest in preserving the character and natural state of the Critical Area being set aside in the open space. As a condition of approval of the Preliminary Plat, the applicant must provide an adequate Open Space Management Plan which complies with the Bainbridge Island Municipal Code Section 17.04.080. All the open space established by this subdivision must be described by easements or restrictive covenants. An Open Space Management Plan must be approved by the Director of Planning and Community Development, recorded prior to approval of the final plat. Since this open space will be held in private and common ownership, appropriate covenants, conditions and restrictions must be placed on open space areas for the maintenance and preservation of the open space. Open Space areas held in common ownership and private ownership must be clearly designated as such on the face of the final plat. 4. The easement access designated on the face of the Preliminary Plat for trail easements to Tract E must be legally described and a document recorded with the County Auditor describing those easements. This easement document must be approved by the City Attorney prior to recording with the Auditor. 5. The parcel on its west property line adjoins property owned by Mr. and Mrs. Robert Deschamps which is zoned for commercial use and may be developed for intensive commercial activity. Notice of this zoning and commercial use of adjoining property should be included on the Woodland Village Final Plat to notifY all purchasers that commercial activities incompatible with residential activities may occur on the neighboring property in the future. 16 CONCLUSIONS OF LAW 24. This subdivision makes appropriate provisions for the public health, safety, and general public use and interest therefore with the conditions added through the SEP A process, the Planning process, and the public hearing before the Hearing Examiner this Preliminary Plat proposal, as modified, is recommended for approval by the City Council. Dated this July 9,1999 ~ ~lRD ~b-r Robin Thomas Baker Hearing Examiner Pro Tem 17