KOURA, ARTHUR 2007-04-24
Cairncross & Hel11pebnann, P. S.
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May 7,2007
Hearing Examiner
City of Bainbridge Island
c/o City Clerk's Office
City Hall
280 Madison Avenue N. .:>~x
Bainbridge Island, W A 98110 (f ~
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Re: Appeal of-BwildiRg PCl1llit #...aeB-i427 4C.^.R.
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Dear Mr. Examiner:
We represent Florence and Arthur Koura, owners of the property at 7857 Bayhill Road.
We appeal the conditional approval of Short Plat # SPT 14218, issued April 24, 2007 ("the
Decision").
We appeal Condition 8 of the Decision. Condition 8 requires the applicant to record a
public pedestrian easement fifteen feet wide, and to construct a four to six foot wide gravel trail.
This gravel trail would be adjacent to a single-lane gravel road. Condition 8 is not supported by
the evidence in the Record, is unrelated to the impacts of the Short Plat, creates a dangerous
condition that unnecessarily imposes a risk of liability on the Kouras and upon the City, and is
vague for reasons that include failure to address responsibility for long-term maintenance.
We also appeal the use of clustering in this application. The applicant used the City's
clustering provisions without analysis of the open space on site, because the City informed the
applicant that the altemative was to place a full twenty-five percent of the site into open space.
This is incorrect.
The reliefwe request is the removal of Condition 8 from the Decision, the removal of the
requirerilent to use clustering, and the opportunity to analyze the site's open space features. A
copy of the Decision is attached to this letter, and a check is enclosed for the filing fee of $530.
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Tim CartY\- right. ADA EngineerIng
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04/24/2007 18 47 IFAX juanltak@escrowone com
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NOTICE OF ADMINISTRATIVE DECISION
The City of Bllillbridgc Island h:\s mltd~ a decision conce.-nlng the following land IISe application:
Oate of lssuancc:
Project Name:
File Number:
Owner
Applicant:
Description of Proposal:
Tax ID
Location of Proposal:
Project Decision:
Decision Maker:
Appeal Procedure:
April 24, 2007
Koura Preliminary Short Plat
SPTl42 I 8
Florence and A11hur KOllra
Tim Cartwright, ADA Bngineering
Four lot preliminary sh011 plat of a 4.02 acre parcel.
092502-4-073-2000
7587 Bayhill Road
The appljcation is conditionally ftpproved. The staff report,
containing the statement of facts upon which the decision, including
conditions, is based and the conclusions of law derived from those
facts, is avai lable to the public upon request. This approval expires
within five ycnrs of its effective date unless the applicant files a final
plat application. Please see BIMC 17. I 2.11 O.
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G.L. Byrne, Direc.t
This administrative decision may be appealed by filing a written
appeal containing a summllry of grounds for the appenl iUld paying a
$530.00 filing fee to the City Clerk at 280 Madisol1 Avenue North,
Bainbridge Island, W A 98110, in (lccordance with the procedmes set
forth in the Bainbridge Island Municipal Code, Section 2.16.130.
An appeal must be filed no later than 4:00 p.m., May 8,2007.
If you have any questions concerning this application, please cOlltact:
Jennifer Sulton, Planner
Depm1ment of PI i'lnning and Community Development
280 Madison Avenue North
Bainbridge Island, W A 98110 (206) 842-2552
Fax: (206) 780-0955 Email: pcd({v.ci.bainbrjdgc-isl.wa.n~
Conditions of Approval for Koura P."eliminary Short Plat, SPT14218
1. Priur to any ~kal'ing. grading Or building activities, an appllcant shall ohtain approved
building, pill! Lltilities, clearing, or grading permits.
Page 1
Koura Preliminary Shol1 Plat, SPTl42 J 8
04/24/2007 18 47 IFAX juanitak@escrowone com
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2. To the satisfaction of the Department of Planning and Community Development, the
fOllowing Building Setback and Lot Coverage requirements shall be inscribed on the face of
the final plat mylar.
· Building 10 Building - Minimum 10 fool separalion
· Building to Exterior Subdivision Boundary - Minimum 25 foot setback
· Distance between Homcsites B, C ami D - Maximum 25 feet
· Maximum Homesite Area per lot- 10,000 square feet
· Maximum Lot Coverage: 20 percent per lot
3. All lot corners shall be Slaked with three-quarter inch galvanized iron pipe and locator stakes.
A survey oflhe property must be completeu ami submitted with the final plar application.
4. A plat certificate shall be submitted with the final plat application.
5. A 25 loot wide filtered screen perimeter landscape buffer is required IlJong the perimeter of
subject property. Driveways mny cut tJu'ough the buffer without meandering. Existing
vegetation located in the buffer shall remain and be preserved during construction by
delineating the buiTer with construction fencing prior to any cleming, grading, or building
activities. The applicant shall submit a planting plan with the final plat application showing
existing and proposed vegetation in order 10 comply with thl;: filtered sere-en perimeter
landscllpe buffer requirement outlined in BlMC Section I R8S070. The planting shall be
completed and inspected prior to final plat approval or an assurance device provided. Within
the landscape buffer, invasive spec.:ies or vegetation detennineli to be a hazard or diseased by
a certified arborist, may be removed jl) accordance with BJMC Chapter] 885 Replanting
would be required ifremoving the vegetation would cause the landscape buffer to no longer
meet the "filtered screen" standard.
6. The future access driveway from Fieldstone Lane, within the easement to Lots B, C, and D
shall mcclthe "minimally adequate" standard as defined by the Department of Public Works
and Engineering. Specifically. the driveway must be at least 12 feet wide; if not paved, the
driveway shall be constructed of an all weather surface with at least four inches of gravel; the
access driveway shaH have an inside turning radius of 17 feet or greater; clearance overhead
shall be at least 13.Sfeer; and if the driveway exceeds 150 feet in length, an approved fire
apparatlls turnaround shall be provided. Prior to construction, civil plans shOWing the design
of the access driveway must be submitted to the Department of Public Works for review as
pan of a plat utilities permit. The driveway shall be designed to not impact to the adjacent
stonTIwater overfiow facility.
7. The applicant shall install a fire hydrant prior (0 11nal plat approval, or an assurance device
provided. The hydrant shRll be in the location shown on the preJimin,uy plat drawings.
8. Prior to final plat approval, thc applicllnt shall record :=l public pedestrian casement along the
western houndary of the plIJI. The CO'lscment 5h,,1I be J.~ fecI wide, llnci align with the
pedestrian easement recorded on the Koma Farm Subdivision plat. the Applicant shaJI
Kaura Preliminary Short Plat, SPTl 4218
Page 2
@ 002/004
04/24/2007 18 47 IF AX juanltak@escr~wone com
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construct a pedestrian trail [minimum width 4 n.; maximum width 6 ft.] within the easement.
The trail shall extend from BayhilJ Road to lhe south westcm boundary of the short plat. The
4 to 6 font wide trail shall be constructed with a four inch layer of crushed Y4 inch gravel over
a geotextile mat barrier except where the existing gravel road exceeds these requirements.
9. Public and private improvements, facilities. and infrastruclure on and off [he Sil~ that are
required foJ' lhe short pial shall be completed, have final inspection and approval prior to final
plat approval. Approval of public facilities will be shown by a formalle<<cr of acceptance
from the City Engineer. An assurance device acceptable to the City may be used (in lieu of
physical completion) to secure and provide for the completion of necessary facilities. Any
such assurance device shall be in place prior to final plat approval, !)halJ enumerale in delail
the items being assured and shall require that all such items be compleled and approved by
rhe City within One year of the date of final pIal approval. While Jots created by lhe recording
of the final plot may be sold, no occupancy of any structure will be allowed until the required
improvements arc formally accepted by the City. Addi [ionally, a prominent note on the face
of the Final plat drawing shall state: "The lots trelltcd by this plat are subjcct to
conditions of an Assurance device for the completion of certain necessary facilities.
Building permits may not be issued or occupancy granted until such necessary facilities
are completed and approved b)' the City of Bainbridge Island. All purchasers shall
satisfy themselves as to the status of completion of tile necesslll"}' facilities,"
10. School impacI fees shl111 be paid in accordance with the following provisions. Prior 10 final
plat approval, the applicant shall pay, for Lots a, C. and D. one half of Ihe school impact fee
in effect at the time of final plat approval. Al building permit issuance, an applicant
constmcting a residence on Lots B, C 01. D shall pay one half of the school impact fee in
effect at the time of building permil issuance.
II. Stonnwater quality and quanlily cuntrols shall be in compliance with BIMC Chapter 15.20. A
nOle On the [ace of the pial shall stipulate the systems proposed for the futllfe residences. The
design of these systems shill! be detailed at Building Permit. 1\n engineered drainage plan
will be requIred if the total imperviotl~ sllIfaee on any of the properties/properly exceeds
5,000 square feet of impervious surface, including roadways, gravel dri veways and parking.
12. The final plat application shaH contain a revised Significant Tree Retention Plan that
complies with the requirements outlined in BIMC J fUl5.060.
13. The homesites identified on the pIal for all of the lots mllst be reduced to meet the maximum
homesite requirement of 10,000 square feet. as outlined in BIMC 17. I 2.090.A.5. Homesiles on
proposed lots E, C, !Uld D shull be no more 1han 25 feet apart. Prior to any clearing, gl'llding or
submission of the final plat or plat utilities petmit a revjsed plot plan delineating the homesites
shall be submitted to the City for review and approval.
14. The final plat shall be substantial conformance with the preliminary plat drawings date stllmped
November 9, 2006, except as to comply wilh the conditions of opproval.
Koura Prellminary Short Plat, SPTI 42 I 8
Page 3
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04/24/2001 16:47 IFAX juanitak@escrowone. com
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The pertinent portions of conditions J, 2, 5, 6, 7, 8, 9, ) 0, and tJ shall be inscribed on the final pial
mylar.
Koura Preliminary Shott Plat, SPT14218
Page 4
III 004/004
ARTHUR Y. KOURP, 19-7076/3250 6968
FLORENCE KOURA . 15728480n __I /
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PAYMENT SUMMAR~ ~:
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