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.
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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
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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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.
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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
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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.
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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
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