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STAFF REPORT Department of Planning and community development Staff Recommendation Project: The Reserve at Winslow Preliminary Subdivision File No: PLN 50622 SUB Date: May 4, 2017 To: Wick Dufford, Hearing Examiner Project Manager: Kelly Tayara, Associate Planner Applicant: DeNova Northwest LLC Owner: Carol L. Walters Trust / Carol L. Walters, Trustee 6830 S. 220th Street 7344 Finch Road NE Kent, WA 98383 Bainbridge Island, WA 98110 Request: Subdivide two lots totaling 8.6 acres into 12 lots Location: 7340 Finch Road NE Background / Environmental Review / Public Notice: A pre-application conference was held on September 6, 2016. Preliminary subdivision application was submitted on October 25, 2016. The application was deemed complete on November 16, 2016. The project is subject to State Environmental Policy Act (SEPA) review as provided in Washington Administrative Code (WAC 197-11-800). Utilizing the optional DNS process provided in WAC 197-11-355, the City issued a combined Notice of Application/SEPA comment period on November 25, 2016. The 14- day comment period ended on December 9, 2016; the single public comment received, along with agency comment, is discussed in Section I.C of this report. The City, acting as lead agency, issued a Mitigated Determination of Nonsignificance for this proposal on April 11, 2017; the appeal period expired on April 25, 2017 and no appeal of the SEPA determination was received. Recommendation: Approval of the preliminary plat subject to the following conditions: The Reserve at Winslow PLN 50622 SUB Page 2 of 13 SEPA CONDITIONS 1. To mitigate recreation and transportation impacts, the plat applicant shall provide the following non-motorized access facilities: A. A non-motorized trail for the length of the north property boundary. 1) The trail shall be located within a 10 foot width public right-of-way or public access easement, at the applicant’s option. 2) The right-of-way or easement shall connect the Sportsman Club Road right-of-way to the northeast corner of the property. 3) The trail shall be constructed to provide not less than a six foot width for the western 375 foot length (i.e. to the Open Space boundary). B. A southern non-motorized trail connection to Tract A 1) The trail shall provide connection between the south cul-de-sac and the open space tract. 2) The trail shall be located within a 10 foot width private access easement (i.e. serving only the subdivision lots), or within a public right-of-way or easement, at the applicant’s option. 3) The trail shall be constructed to provide not less than a five foot width for the length of the easement or right-of-way. C. The built trails shall provide a two inch depth of ¼-inch minus crushed rock over a four inch depth of ¾–inch crushed rock or cinders, at a minimum. D. The built trails shall consider Americans with Disabilities Act accessibility provisions for grade. PROJECT CONDITIONS 2. Except for modifications reflecting compliance with these conditions of approval, the final subdivision shall substantially conform to the plans date-stamped received on the following dates: Landscape plans October 25, 2016; Civil plans February 28, 2017; Preliminary plat sheets 2,3 and 5 October 25, 2016 and sheets 1 and 4 May 4, 2017. 3. Prior to any construction activities, the applicant shall obtain the appropriate permits from the City of Bainbridge Island, including but not limited to clearing, grading, and/or building permits. 4. The final plat comply with the following conditions of the Fire Marshal: A. The proposed project shall comply with all provisions of the adopted Fire Code. B. A fire flow test will be required prior to the issuance of any building permits. The flow test shall be conducted during a period of ordinary demand. 5. The subdivision shall conform to the City of Bainbridge Island Design and Construction Standards, Surface and Stormwater Management regulations (BIMC 15.20 and 15.21), and the Stormwater Facilities Maintenance Program in accordance with the provisions of BIMC 2.16.070.G(5). The applicant shall comply with the following conditions to the satisfaction of the City Engineer: A. Public and private improvements, facilities, and infrastructure, on and off the site, that are required for the subdivision, shall be completed and have final inspection and approval prior to final plat approval unless the City Engineer accepts an assurance device in lieu of completion. B. The applicant shall provide the following improvements for final plat approval: The Reserve at Winslow PLN 50622 SUB Page 3 of 13 1) Every lot corner shall be staked by a three-quarter-inch galvanized iron pipe or equivalent approved by the City, driven into the ground and marked or tagged with the certificate number of the surveyor setting said monument. The position and type of every permanent monument shall be noted on the final plat. Perimeter and public street monuments shall be 24-inches and set in concrete, or shall be constructed of an equivalent approved by the City. 2) As shown on the propose plan, the proposed roadway shall meet the COBI Residential Suburban Street Standard, Drawing No. 7-060 found in the COBI Design and Construction Standards and Specifications. 3) Binding water commitment for each lot shall be submitted with final plat application. C. Prior to final plat application and prior to any construction activity, the applicant shall obtain an approved Plat Utilities permit. Application for Plat Utilities shall include a civil plan as follows: 1) Documentation of application to the Department of Ecology for a General Stormwater Construction Permit. 2) Civil improvement plans prepared and stamped by a civil engineer licensed in the State of Washington for all improvements required in these conditions of approval 3) As-built civil construction plans stamped by a civil engineer shall be provided by the applicant prior to final plat; if installation of improvements is assured, as-built plans shall be provided prior to release of performance assurity. D. Maintenance of private on-site stormwater facilities is the responsibility of the lot owners: 1) A draft Declaration of Covenant for Stormwater System Operation and Maintenance shall be submitted with final plat application. 2) The Declaration shall observe the approved language in BIMC 15.21, Exhibit A. 3) A final Declaration approved by the City Engineer shall be recorded upon facility installation. E. The final plat application shall include the following: 1) An additional sheet showing the original lots with dimensions, including the thin strip that attaches to parcel 272502-2-026-2000. The sheet shall include those improvements which are connected to and/or serve the parcel to the south (parcel 272502-2-028-2008) and extend onto the subject property; the encroachments of said improvements onto the subject property shall be dimensioned. 2) The applicant shall provide documentation and/or the proposed plan for resolution of access and encroachment questions related to the southerly lot, including any written or recorded agreements. F. A right-of-way construction permit is required prior to any construction activities within the right-of-way; the permit is subject to separate conditions and bonding requirements. G. In accordance with the provisions of BIMC 2.16.070.N, the City Engineer may accept financial assurity in lieu of completion of improvements, in an amount and in a form determined by the City Engineer, but not exceeding 125 percent of the cost of completing the improvements. 1) Any such assurance device shall be in place prior to final plat approval, shall enumerate in detail the items being assured, and shall require that all such items will be completed and approved by the City within one year of the date of final plat approval. 2) Upon completion and the City’s acceptance of facilities, the applicant shall provide an assurance device securing the successful performance of improvements. The Reserve at Winslow PLN 50622 SUB Page 4 of 13 3) While lots created by the subdivision may be sold, occupancy may not be allowed until the required improvements are formally accepted by the City. A prominent note on the face of the final plat shall state: “The lots created by this plat are subject to conditions of an assurance device held by the City for the completion of certain necessary facilities. Building permits may not be issued and/or occupancy may not be allowed until such necessary facilities are completed and approved by the City of Bainbridge Island. All purchasers shall satisfy themselves as to the status of completion of the necessary facilities.” 6. If any historical or archaeological artifacts are uncovered during excavation or construction, work shall immediately stop and the Department of Planning and Community Development and the Washington State Office of Archaeology and Historic Preservation shall be immediately notified. Construction shall only continue thereafter in compliance with the applicable provisions of law. 7. Prior to final plat approval, the applicant shall install low impact fencing as defined in BIMC 17.28.020.30 along the west open space boundary of Tract A. 8. Prior to final plat approval, the applicant shall install three signs designed to provide protection for Open Space Tract A, and the stream and wetland within it, in accordance with BIMC 17.12.030.8 and in a manner visible to those accessing the trail at the following locations: The northwest and northeast corners of Tract A; the southern trail at its intersection with the Tract A open space boundary. 9. Open Space signage and fencing must be maintained in perpetuity and required locations of fencing and signage shall be noted on the face of the plat. 10. A final Open Space Management Plan (OSMP) shall be recorded with final plat and the OSMP shall be referenced on the face of the plat. The final OSMP shall meet the requirements of BIMC 17.12. 11. Lot coverage of 20 percent shall be allocated as follows and noted on the face of the plat: 6,200 square feet per lot and 696 square feet to Open Space tracts. 12. The following setbacks shall be noted and depicted on the final plat: Building to building (on-site) Minimum 10 feet Building to exterior subdivision boundary line Minimum 15 feet Building to right-of-way (Sportsman and Finch) Minimum 50 feet Building to other streets (Internal right-of-way) Minimum 15 feet Building to Open Space Minimum 10 feet Building to Trail Minimum 10 feet Building to Roadside Landscape Buffer Minimum 10 feet 13. The plat shall provide a 25 foot width landscape buffer along the Finch and Sportsman Club right-of- way. Prior to final plat approval, the buffer shall be planted to full-screen standard (BIMC 18.15.010.D.4) or planting assured as provided in BIMC 18.15.010.H. The buffer shall be maintained for the life of the project. 14. The following conditions shall be listed on the final plat: Conditions 1; 3; 4; applicable portions of 5; 6; applicable portions of 8, 9 and 10 - 13. The Reserve at Winslow PLN 50622 SUB Page 5 of 13 Staff Analyses I. Findings of Fact A. Site Characteristics 1. Tax Assessor Information: a. Tax Lot Number: 272502-2-026-2000 and 272502-2-027-2009 b. Owner of record: Carol L. Walters Trust / Carol L. Walters, Trustee c. Lot size: 8.6 acres d. Land use: Single-family Residential 2. Zoning and Comprehensive Plan Designation: The subject property and surrounding properties are zoned R-2, with the exception of properties to the west (across Finch Road) which are zoned R-1 and properties to the northwest (across Sportsman Club Road) which are zoned R-0.4. The Comprehensive Plan designation for the properties is Open Space Residential. Zoning Project Site Vicinity Map Fi n c h R o a d Wyatt Way High School Road The Reserve at Winslow PLN 50622 SUB Page 6 of 13 3. Existing Development: Two single-family residences and associated infrastructure are located on the properties. 4. Access: Single shared access from Finch Road via new public right-of-way is proposed. 5. Soils and Terrain: According to the preliminary soils report, property soils consist of light brown fine sandy loam. The proposed building lots are located in the western two-thirds of the site. The site is relatively level with a gentle slope down from northwest to southwest into a depressional stream that flows from north to south within the eastern third of the property. A wetland lies in the northeast corner of the property. The change in elevation is 45 feet across the 700 foot building lot area (i.e. outside the stream buffer). The average slope is six percent, and the steepest area lie on Lot 10 where slopes approach 15 percent. There are no geologically hazardous areas on the site. 6. Public Services and Utilities: a. Police: City of Bainbridge Island Police Department b. Fire: Bainbridge Island Fire District c. Schools: Bainbridge Island School District d. Water: City of Bainbridge Island e. Sewer / Septic: On-site individual septic f. Storm drainage: Dispersion to common open space B. Comprehensive Plan Goals and Policies 1. Land Use Element a. Residential Open Space: Goal 1 Preserve open space through a development pattern that enhances the character of the area, including forested areas, meadows, farms, and narrow roads bordered by dense vegetation, and the functions open space areas serve, such as protection of natural resource functions and provisions for recreation. As conditioned, the plat provides an open space area that encompasses a stream, a wetland and their associated buffers. a. Historic Preservation - Goal 3 Archaeological resources should be identified, preserved, and / or left undisturbed. The plat is conditioned to provide that: Should any historical or archaeological artifacts be uncovered during excavation or construction, project work must stop and the applicant must notify the Department of Planning and Community Development and the Washington State Office of Archeology and Historic Preservation. (Condition 6) The Reserve at Winslow PLN 50622 SUB Page 7 of 13 C. Public / Agency Comment One public comment was received regarding the application: A board member of the Bainbridge Island Park Foundation expressed interest in a trail through the property. The project is conditioned to provide a public trail along the north property line and a public or private southern trail to connect the resultant lots to the open space. (Condition 1) The Kitsap Public Health District approved the preliminary subdivision, noting that the existing well on the property must be decommissioned, and that the stormwater pond lined or the pond must be set back 30 feet from drainfields. The final subdivision is subject to Health District approval. The Bainbridge Island Fire District conditioned approval on compliance with the fire code, noted that the proposed location of fire hydrants appears acceptable, and that a fire flow test is required prior to the issuance of any building permits. (Condition 5) D. Land Use Code Analysis 1. BIMC 16.20 Critical Areas A fish-bearing stream requires a 100 foot width water quality buffer and a 50 foot width habitat buffer, a total of 150 feet (BIMC 16.20.130). For proposed development density greater than one unit per acre, a Category IV wetland greater than 10,000 square feet in size requires a 50 foot width water quality buffer (BIMC 16.20.160). A 15 foot width building / impervious surface setback is required from the critical area buffers. Hirawaka Creek, a fish-bearing stream, runs north-to-south through the eastern third of the property. A Category IV wetland is located in the northeast corner of the property and lies east of the stream. The development provides the required buffer and setback from the critical areas. While stormwater is dispersed into the stream buffer, no stormwater facilities are located within the buffer. 2. BIMC 17.12 Subdivision Design Standards All single family residential subdivisions shall be designed in accordance with the City’s adopted Flexible Lot design requirements, outlined in BIMC Titles 17 and 18. Applicants for shall comply with the Title 17 standards applicable to either Cluster or Open Space design. This application is subject to Open Space Standards (BIMC 17.12.030), General Residential Subdivision Standards (BIMC 17.12.040) and Flexible Lot Dimensional Standards (BIMC Table 18.12.020-1). 3. BIMC 17.12.030 Open Space Standards a. Open space should be concentrated in large, consolidated, usable areas and should connect to adjacent off-site open space, greenways and/or critical areas. The area provided for open space shall be based on and consistent with the existing valued features listed in BIMC Table 17.12.030-2, which states that all critical areas and their associated buffers shall be protected. The City shall require a maximum of 25 percent of the lot area of the property being subdivided designated as open space area unless it includes protected critical areas. The Reserve at Winslow PLN 50622 SUB Page 8 of 13 The open space is consolidated in common tracts which incorporate critical areas and include trail connections to off-site open space. The open space encompasses a wetland and stream along with their associated buffers, and is 140,627 in size, which represents 37 percent of the lot area. b. Open space may be held in common by a homeowners’ association or other similar organization. Common ownership by a homeowners’ association is proposed and reference to Declaration of Easements, Covenants, Conditions and Restrictions is noted on the face of the plat. c. Fences and/or signs delineating open space areas are required; the Director shall determine which is required based on the likelihood of encroachment into designated open space areas. The project is conditioned to maintain open space fencing along the interior boundary of the open space to avoid encroachment (e.g. expansion of private yards) into the stream buffer. The project is also conditioned to provide signage to advise trail users that the space is a protected open space with a stream. (Condition 7 - 9) d. An applicant shall submit a draft open space management plan (OSMP) for review as part of the preliminary plat application. Final approval of the OSMP will occur at the time of final plat approval. The open space management plan shall include a list of all approved uses and a maintenance plan for open space areas. Allowed uses within designated open space areas are limited to those listed in BIMC 17.12.030. The approved OSMP must be filed with the Kitsap County Auditor. The project is conditioned to modify the OSMP to meet the provision of BIMC 17.12. The project is conditioned to provide a final plan that meets open space regulations and to record the plan. (Condition 10) The final OSMP should address the following: • Approved Uses: o Alteration of any vegetation within Tract A must comply with Critical Areas regulations (BIMC 16.20) o The qualifier for construction of storm drainage systems should be struck, or the provisions of BIMC 17.12 shall be listed in their entirety. o The OSMP lists only allowed uses in Tract A, with no mention of Tract B; an exclusion under the limitations section provides for recreational-oriented structures in Tract B. • Limitations: o In order to avoid conflict with approved open space uses, staff recommends that the OSMP language rely on the verbiage contained in BIMC 17.12.030.A which states: “The following uses are allowed in those designated open space The Reserve at Winslow PLN 50622 SUB Page 9 of 13 areas that are not part of a required landscape buffer (unless zoning regulations of BIMC Title 18, provisions of the shoreline master program per Chapter 16.12 BIMC, or critical areas regulations of Chapter 16.20 BIMC restrict that use)”. o Tract B is substantially encumbered by the stormwater facilities and locating buildings within that tract may be infeasible. o The limitation requiring existing vegetation to be maintained, except for utility corridors, trails and hazard trees approved through BIMC 16.20, conflicts with the allowed uses (e.g. removal of invasive species). o Provide clear distinction between Tract A and B, as Tract A is completely encumbered by the buffer. • Maintenance Plan: o The plan should be modified to reflect the conditions of approval. For example, both fencing and signs are required; signs may not be substituted for fencing for this project. 4. BIMC 17.12.040 General Residential Subdivision Standards a. Compliance with BIMC Title 16, BIMC Title 18 and RCW Title 58 Lot areas, dimensions and other characteristics shall comply with the requirements of Title 18, including landscaping and/or vegetated buffers. In addition, each subdivision shall comply with all applicable provisions of RCW Title 58 or its successors. Subdivisions including sensitive areas or their required buffers shall also comply with the provisions of BIMC 17.12.060, Special Requirements for Sensitive Areas. As conditioned, the project complies with Title 18: The plat meets density and lot area requirements, and is conditioned to note setback and lot coverage standards on the face of the plat, and is conditioned to plant and maintain a landscape buffer in conformance with roadside buffer standards. The site contains a fish-bearing stream and a wetland and, as required in BIMC 17.12.060, the project is conditioned to comply with fencing and signage requirements of BIMC 17.12.030. As conditioned, the subdivision provides adequately for the public health, safety and welfare, and for the public use and interest. (Condition 14) b. Roads and Pedestrian Access i. Roads and access complying with the “City of Bainbridge Island Design and Construction Standards and Specifications” and all applicable requirements of the municipal code, shall be provided to all proposed lots consistent with the standards contained within this subsection. The project is conditioned to provide roads and access in compliance with City standards. (Condition 5) ii. Existing roadway character shall be maintained where practical. To minimize impervious surfaces, public right-of-ways, access easements and roadways shall not The Reserve at Winslow PLN 50622 SUB Page 10 of 13 be greater than the minimum required to meet standards unless the City Engineer agrees that the additional size is justified. The lots are served by public right-of-ways and roadways that meet the minimum required standard. The City Engineer recommend approval as conditioned. (Condition 5) iii. Pedestrian and bicycle circulation and access within a subdivision and onto the site shall be provided through walkways, paths, sidewalks, or trails and shall be consistent with the Non-motorized Transportation Plan (NMTP). The project is conditioned to provide an internal trail connection serving the development (and, at the applicant’s option, the public) to enable lot owners to access the common open space without having to go around the entire development (i.e. via Finch Road). The NMTP requires a ten foot width trail facility within a trail connection zone along the north property boundary. The project is conditioned to provide a public trail easement and to construct a 375 foot section of the trail. The plat is consistent with the NMTP. (Condition 1) 5. BIMC Table 18.12.020-1 Flexible Lot Dimensional Standards a. Minimum Lot Size Requirements Minimum lot size is 5,000 square feet for lots served by public sewer, and 12,500 square feet for lots served by on-site septic, subject to the approval of the Health District. The lots are served by on-site septic facilities. Each resultant lot is over 14,000 square feet in size, and therefore the lots meet minimum lot size requirements. The Health District approved the preliminary subdivision; final plat approval is subject to the Health District’s final approval in accordance with BIMC 2.16.070.I.4. b. Density The maximum number of lots permitted shall be calculated by dividing the total lot area of the property (without deducting areas to be dedicated as public right-of-ways or areas to be encumbered by private road easements) by the minimum lot area for standard lots in the zone district. The site contains 379,290 square feet and is zoned R-2. Based on the base density of 20,000 square feet per lot, a maximum of 18 lots is permitted. The proposed plat creates 12 lots, and therefore meets density requirements. c. Maximum Lot Coverage Lot coverage is the portion of the lot area that may be covered by buildings (BIMC 18.12.050.K). Maximum lot coverage for lots in the R-2 district is 20 percent. The total lot coverage of 75,096 square feet is allocated as follows and noted on the face of the plat: 6,200 square feet per lot and 696 square feet to Open Space tracts. (Condition 11) The Reserve at Winslow PLN 50622 SUB Page 11 of 13 d. Minimum Setbacks Building to building (on-site) Minimum 10 feet Building to exterior subdivision boundary line Minimum 15 feet Building to right-of-way (Sportsman and Finch) Minimum 50 feet Building to other streets (Internal right-of-way) Minimum 15 feet Building to Open Space Minimum 10 feet Building to Trail Minimum 10 feet Building to Roadside Landscape Buffer Minimum 10 feet The plat is conditioned to reflect required setbacks. (Condition 12) 6. BIMC 18.15.010 Landscaping, Screening, and Tree Retention, Protection, Replacement A 25 foot width full screen buffer is required along arterial roadways within the R-2 district. The preliminary application materials provide a preliminary plat which depicts the required buffer and a preliminary landscaping plan which meets planting requirements. The final plat is conditioned to plant the buffer and maintain plantings in perpetuity. (Condition 13) 7. BIMC 2.16.125.H Preliminary Long Subdivision – Decision criteria a. The Hearing Examiner’s decision shall include findings of fact that the application meets all the following requirements. The preliminary long subdivision may be approved or approved with modification if: i. The applicable subdivision development standards of BIMC Titles 17 and 18 are satisfied. As conditioned, the subdivision complies with applicable standards. (Condition 1 - 14) ii. The preliminary plat makes appropriate provisions for the public health, safety and general and public use and interest, including those items listed in RCW 58.17.110. Adequate provision is made for the public health, safety and welfare, and public use and interest, including required items in 58.17.110 RCW such as streets and public ways. The plat is conditioned to comply with Non-motorized Transportation Plan facilities and the Washington State Safe Routes to School program. The project is conditioned to ensure adequate access, including emergency services access, water, septic and stormwater facilities prior to final plat approval. (Condition 1 - 5) iii. The preliminary plat has been prepared consistent with the requirements of the flexible lot design process. The Reserve at Winslow PLN 50622 SUB Page 12 of 13 The plat is consistent with the flexible lot design process and standards. iv. Any portion of a plat which contains a critical area, as defined in BIMC 16.20, conforms to all requirements of that chapter. As conditioned, the project complies with BIMC 16.20. The site contains a fish- bearing stream and wetland and the plat observes required buffers. The project is conditioned to comply with fencing and signage requirements of BIMC 17.12.030 and to provide a final Open Space Management Plan which meets subdivision and critical area requirements. (Condition 7 – 10) v. Any portion of a plat within shoreline jurisdiction, as defined in BIMC 16.12, conforms to all requirements of that chapter. The property is not within shoreline jurisdiction. vi. The City Engineer’s recommendation contains determinations that all of the following decision criteria for long subdivision are met and such determinations are supported by substantial evidence within the record: The plat conforms to drainage regulations in BIMC 15.20 and 15.21; the plat will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use and enjoyment of properties downstream; the streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties; the streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic; there is capacity in the public water system to serve the plat, and the applicable service can be made available at the site; the plat conforms to the “City of Bainbridge Island Engineering Design and Development Standards Manual,” unless the City Engineer has approved a variation to the road standards in that document based on his or her determination that the variation meets the purposes of BIMC Title 17. The subdivision conforms to the requirements of this chapter and the standards in the “City of Bainbridge Island Design and Construction Standards and Specifications,” unless the City Engineer has approved a variation to the road standards in that document based on his or her determination that the variation meets the purposes of BIMC Title 17. As conditioned, the City Engineer recommends approval of the preliminary plat. The City Engineer found that, as conditioned, the preliminary subdivision: Conforms to surface and stormwater requirements; will not cause undue burden on the drainage basin, and will not unreasonably interfere with the use and enjoyment of properties downstream; the streets and pedestrian ways are coordinated with streets serving adjacent properties and are adequate to accommodate anticipated traffic; the water system has sufficient capacity to serve the plat and water service can be made available at the site; the preliminary plat conforms to the road standards contained in the “City of Bainbridge Island Design and Construction Standards and Specifications” manual. (Condition 4, 5) The Reserve at Winslow PLN 50622 SUB Page 13 of 13 vii. The proposal complies with all applicable provisions of this code, Chapters 36.70A and 58.17 RCW, and all other applicable provisions of state and federal laws and regulations. As conditioned, the plat complies with all local, state and federal regulations. (Conditions 1 – 14). viii. The proposal is in accord with the Comprehensive Plan. The proposal provides for a residential subdivision within a residential zone. The project is conditioned to notify the Department of Planning and the Washington State Office of Archeology and Historic Preservation if any historical or archaeological artifacts are uncovered during excavation or construction. (Condition 6) ix. A proposed subdivision shall not be approved unless written findings are made that the public use and interest will be served by the platting of such subdivision. Written findings are provided by the Hearing Examiner. II. Conclusions As conditioned, the proposed development is consistent with the Comprehensive Plan and applicable subdivision standards. Approval of the preliminary subdivision shall constitute authorization for the applicant to develop the facilities and improvements in strict accordance with standards established within the municipal code and recommended conditions. As provided in RCW 58.17.140, complete application for final subdivision shall be filed within five years of the date of preliminary subdivision approval. If the application is not filed within the five year period, the approval shall expire and shall be void. Appropriate notice of application was made and comments were considered. The application is properly before the Hearing Examiner for decision.