ORDER GRANTING REQUEST ON RECONSIDERATION1
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of an Application for a )
Preliminary Subdivision for ) PLN 50622 SUB
)
THE RESERVE AT WINSLOW ) ORDER GRANTING
) REQUEST FOR
Creating 23 Lots on 8.6 Acres of Land ) RECONSIDERATION
At 7340 Finch Road NE )
____________________________________)
Counsel for the City of Bainbridge Island filed a timely Request for Reconsideration in
this matter. The request sought a number of changes raised by the introduction at hearing of
two agreements affecting access and water availability for Parcel 028, immediately south of
the proposed plat.
The agreements are: “Settlement and Agreement Regarding Boundary Line Dispute” and
“Agreement Regarding Public Water Connection, Well-Decommissioning, and Driveway
Surfacing”, referred to here as “BLA agreement” and “Access and Utility agreement”,
respectively
The Examiner’s intent was that these agreements be carried out as a pre-condition to final
plat approval. Having reviewed the Request for Reconsideration, the Examiner agrees that this
intent was not made clear. The Request raises largely valid concerns which the Examiner hopes
are adequately addressed in the following order. In drafting this Order, the Examiner has
declined to adopt the addition to Condition 5E recommended by City Staff in a memo dated the
day before the hearing. That memo asked for insertion of the following new condition:
No construction on or to the site shall occur, including clearing, grading,
or utility work, and no permits authorizing such work shall be issued, prior
to resolution of access and encroachment issues related to Lot 028.
The Examiner assumes that the reason for placing the agreements in the record at the
hearing was to demonstrate that the access and encroachment issues related to Lot 028 have, in
fact, been resolved.
The key thing left out of the decision was language to the effect that final plat approval is
contingent on the actions contemplated by those agreements being carried out. The changes here
aim to make this intention clear.
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The Examiner makes the following modifications to the decision.
1. Finding 7 shall be modified to read as follows:
“As reconfigured pursuant to the boundary line adjustment referred to in
`` Findings 22 and 23 below, the plat will meet density and lot area requirements
and shall be conditioned to note setback and lot coverage requirements on the face
of the final plat. A landscape buffer will be planted and maintained in
conformance with roadside buffer requirements.”
2. Finding 8 shall be modified to read as follows:
“Water for the development will be provided by the City of Bainbridge Island’s
Winslow Water System. The water main shall be located within the area
transferred to Parcel 028 by virtue of the Boundary Line Adjustment. “
3. Finding 27 shall be modified to read as follows:
The Staff Report analyzes the proposal in light of the Comprehensive Plan goals
and policies and Bainbridge Island land use code requirements – in particular the
decision criteria for Preliminary Long Subdivision approval. The Report
concludes that as conditioned the proposal is consistent with the applicable
requirements. With the exception of modifications to Conditions of Approval
5(E), 11 and 13, the Examiner concurs with Staff and adopts their
recommendations.
3. Condition 5 E. shall be modified to read as follows:
E. The final plat application shall include the following:
1) Proof that a boundary line adjustment has been completed such that the
property to the south of the subdivision (Parcel 028) includes the area shown
on the preliminary plat map as “20’ Easement.”
2) Proof that the area originally shown as “20’ easement” has in fact been
transferred from the owner of the Reserve at Winslow to the owner of Parcel 28.
3) Proof that Parcel 028 has been connected to the public water system,
and that the well on Reserve at Winslow property has been decommissioned.
4) Proof that any necessary utility easements have been executed. Provisions for
maintenance of water lines, and any easements required to that end.
5) The final plat map shall show the plat as reconfigured after the boundary line
adjustment, including the reconfigured lots and those improvements which are
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connected to and serve the parcel to the south (Parcel 28). The water main shall
be located within the area transferred to Parcel 28 by boundary line adjustment
and shall be shown as so located.
6) The face of the final plat shall show that density and lot area requirements
are met by the reconfiguration following the boundary line adjustment. The
face of the final plat shall note setback and lot coverage requirements.
7) The final plat shall reflect the elimination of any overlap between the driveway
created for Lot 28 and the access easement for Lots 9 and 10 of the subdivision.
A fence preventing access to Finch Road from the subdivision shall be built and
this feature shall be shown on the final plat.
4. Condition 11 shall be modified to read as follows:
“Allocated lot coverage reflecting the boundary line adjustment and meeting City
requirements shall be shown on the face of the plat.”
5. Condition 13 shall be modified to read as follows:
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 (BMC 18,15.010.D.4) or planting assured as
provided in BIMC 18.15.010H. The buffer shall be maintained for the life
of the project. The applicant shall save as many trees as possible on building\
lots 9 and 10.
Finally, under all the circumstances, the Examiner does not believe that the adverse
possession argument made at hearing bars approval of the preliminary plat.
ORDER
The Request for Reconsideration is granted. The decision entered June 3, 2017,
approving the application for Preliminary Subdivision for “The Reserve at Winslow” is hereby
modified as set forth above. With these changes the application (PLN 60622 SUB) is approved,
subject to the conditions, as modified.
SO ORDERED, this 23d day of June, 2017.
___________________________________________
Wick Dufford, Hearing Examiner Pro Tempore