HEX Housing Resources Board Recommendation 3-31-11SUB/SPR/CUP 15540
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RECOMMENDATION OF THE HEARING EXAMINER
TO THE CITY COUNCIL
CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of
Housing Resources Board SUB/SPR/CUP 15540
For Approval of a Housing
Design Demonstration Project
Introduction
The Housing Resources Board requests approval of a Tier 3 Housing Design
Demonstration Project for property in the 500-600 block of Ferncliff Avenue, along the west side
of the street.
An open record public hearing was held on March 18, 2011. Ken Balizer, Executive
Director, and Charles Wenzlau, Chairman of the Board, represented the Applicant, and Kelly
Tayara represented the Director, Planning and Community Development Department. In addition
to the testimony by the representatives, John Whitaker and Robert Dashiell also testifi ed. The
record consists of the testimony at the hearing and Exhibits 1-61.
All references to chapters and sections in this recommendation are to the Bainbridge Island
Municipal Code, unless otherwise indicated.
After due consideration of all the evidence in the record, the following shall constitute the
findings, conclusions, and recommendation of the Hearing Examiner to the City Council on this
application.
Findings
1. The Housing Resources Board, hereafter ―Applicant‖, proposes the Ferncliff Village
Housing Design Demonstration Project, the first project to be accepted into the program
established by the adoption of Chapter 18.38. Approval as a Tier 3 Housing Design Demonstration
Project (HDDP) requires approval through the underlying permits, which in this case are a
preliminary subdivision, a conditional use permit, and site plan and design review.
2. The project would be located in the 500-600 block of Ferncliff Avenue NE along the west
side of the street between Tiffany Meadows Drive and NE Wing Point Way. The property
consists of three parcels on 5.97 acres. It is undeveloped and used for animal pasture. The site
slopes gently to moderately up to the west where it is bounded by the crest of the Winslow ravine.
3. The subject site is zoned R-3.5, 12,500 square feet per unit, is designated on the
Comprehensive Plan land use map as Semi-Urban Residential (SUR), and is within the Winslow
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Master Plan Study Area. Properties to the north, south and east are also designated SUR. Those to
the north and south are zoned R-3.5 and to the east, R-2.9. To the west, properties are designated
MUTC-Gateway and zoned Mixed Use Town Center—Gateway Overlay District
(MUTC-Gateway.).
4. Surrounding development consists of a residential subdivision to the north, to the east is
construction underway on a residential plat, single-family residential to the south, and the
Winslow ravine and stream to the west with the new Vineyard Lane residential development
beyond the ravine.
THE PROPOSAL
5. The project under review is for the subdivision of the site into 25 lots and then construction
of an affordable residential development, Ferncliff Village. The project would be developed in
two phases: Phase I, construction of 24 single family residences on 24 of the lots along with
infrastructure and amenities; and later, after site plan and design review approval, Phase II, the
construction of 24 multi-family units on the 25th lot. The single-family structures would include
three housing types, a one story, two-bedroom rambler, a two-story, two-bedroom structure and a
two-story, three-bedroom structure, with floor areas from 900-1,100 square feet. The preliminary
concept for the multifamily development is for flats in four-plexes designed to look similar in
character and quality to the single-family structures on the site. Parking would be provided on
each lot or nearby for the single-family units and in parking lots behind the buildings for
multifamily. The project includes a public one-way loop road through the site, public trails or
pedestrian easements east-west through the site connecting Ferncliff Avenue to Cave Avenue, a
trail north-south within the site, another easement for a future trail along the western property line
connecting to Cave Avenue, and 3-ft. wide gravel walking paths on both sides of the loop
roadway, dedication of 10 ft. of street right-of-way along the east property line, common open
spaces, some with amenities, and a bus shelter to accommodate 20 children.
6. The proposal for handling stormwater runoff includes flow and quality control through
on-site rain gardens, detention ponds in the open space tract at the southeast corner of the site and
in the western portion, dispersion in vegetated areas, off-site discharge to the storm drain system in
Ferncliff Avenue, and discharge to the Winslow ravine steam, discussed below. Hydraulic Project
Approval from the Washington State Department of Fish and Wildlife may be required.
HDDP EVALUATION
7. A Tier 3 HDDP requires that at least 50 percent of the units be affordable to the income
levels defined by Section 18.06.565 and remain affordable for 50 years, the units not be greater in
size than 1600 square feet, and that the project include innovative site and building design. Various
incentives and modifications to design and development standards are available to HDDPs. The
HDDP approval process includes staff review, public participation meetings, and Design Review
Board (DRB) meetings for review and evaluation. The Planning Commission is to hold a public
meeting and review the permits and approvals required in this consolidated permit process. When
Applicant proposed modifications to the project to respond to changes in the economic climate
including proposing detached single-family units instead of duplexes, a second public
participation meeting was held, and then the Planning Commission reviewed that proposed
project.
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8. The HDDP approval criteria are listed in Section 18.38.070:
A. The applicant clearly demonstrates evaluation factors listed in BIMC 18.38.060
as evaluated by the design review board and the department of planning and
community development.
B. The applicant has demonstrated how relief from specific development standards,
including setback reductions, lot coverage and/or design guidelines, is needed to
achieve the desired innovative design and the goals of this chapter.
C. The project is harmonious in design and appearance with the intended character
and quality of development in the immediate vicinity of the subject property, and
with the physical characteristics of the subject property.
D. The project does not adversely impact existing public service levels for
surrounding properties.
E. The project complies with all other portions of the BIMC, except as modified
through this housing design demonstration project process.
F. If a project will be phased, each phase of a proposed project must contain
adequate infrastructure, open space, recreational facilities, landscaping and all
other conditions of the project to stand alone if no other subsequent phases are
developed.
9. The staff report, Exhibit 43, describes the evaluation factors and method for scoring the
project in the three areas listed in Section 18.38.060: housing diversity with regard to unit type and
size and affordability; innovative site development as to low impact development approach,
impervious surfaces, landscaping, transportation, compost area, and biodiversity; and innovative
building design practices regarding alternative energy, energy and water efficiency, green building
materials and accessibility. To achieve Tier 3 goals, the proposed project must achieve at least 20
points in the housing diversity category, 21 points for innovative site development, and LEED
Silver, BuiltGreen 4, or Evergreen Sustainable Development certification as part of the innovative
design category. Section 18.38.070A requires demonstration of these factors by the DRB and the
Department of Planning and Community Development. Section 18.38.040C assigns responsibility
to the Director to evaluate the project on housing diversity for which 25 points were awarded based
upon the proposal to provide 2/3 of the housing to households with incomes at or below 80 percent
of the area median and 1/3 to those between 81 and 120 percent of the area median, a range in unit
sizes, and three distinct unit types. The Director is to evaluate innovative building design and
found the proposal qualifies as an Evergreen Sustainable Development. Both the Director and the
DRB are to evaluate innovative site development practices. Both determined that the project
scored more than the minimum points for the low impact development relating to stormwater
management, low maintenance plantings that are native or drought-tolerant, and common open
space design that dedicates significant area to common open space, proposes significant tree
retention, provides neighborhood garden areas, and provides protection to the stream ravine. The
Director prepared written findings of fact and issued preliminary notification that the project
qualifies as a Tier 3 HDDP project. Exhibit 55.
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10. The proposal would meet the affordability requirement of at least 50 percent of the units
―affordable housing‖ as defined by Section 18.06.565 for use by households based on the median
household income in the Bremerton-Silverdale Metropolitan Statistical Area. All of the units in
the first phase and most of those in the second phase would be for households below 120 percent of
the median household income. Testimony of Balizer.
11. The specific development standards that would be modified for the proposal are addressed
in findings related to subdivisions and site plan and design review, below, as is the project’s
relationship and affect on the surrounding area and its compliance with other portions of the Code.
12. Conditions are recommended to assure that the project continues to meet the HDDP
program criteria, including housing diversity standards.
13. Conditions are recommended to require that the loop roadway, the trail facilities, the bus
shelter, storm water facilities associated with the first phase, bike facilities associated with the first
phase, recreational facilities and landscape buffers be constructed or installed during Phase I.
COMPREHENSIVE PLAN
14. At least three goals in the Housing Element of the Comprehensive Plan are addressed by
the proposal. Goal 1 which is generally to promote a variety of housing choices in a way that is
compatible with the island’s character and encourage economic diversity, and its Housing Policy
H 1.5, to encourage innovative residential development types to increase the variety of choices,
would be met by the proposal. The proposal meets Goal 4, which is gen erally to promote and
facilitate provision of affordable housing stock, and Housing Policy H 4.1, to pursue strategies to
reduce land cost to encourage housing that will remain affordable by use of density bonuses among
other strategies. Goal 5, to promote and facilitate provision of affordable rental and for-purchase
housing, would also be forwarded by the proposal.
15. Goal 3 of the Transportation Element, to consider special needs of neighborhoods in
development of transportation improvements, and Transportation Policy TR 3.2 to do this by
establishing road standards, and Goal 9 regarding the implementation of the City’s Non-Motorized
Plan through Transportation Policy TP 9.2 regarding development of design standards to carry out
the policies of the non-motorized plan, are applicable only in that the proposal proposes to meet
the established roadway standards and will be providing new trails, bicycle stalls and a bus shelter.
The Director, Planning and Community Development Department (hereafter ―Director‖)
recommends conditions to assure that these be provided and in appropriate ways.
16. Goal 6 of the Economic Element seeks provision of affordable housing choices, which is
the intent of the proposal.
CRITICAL AREAS BUFFER
17. Two critical areas affect the site. Because the west property line of the site is at the crest of
the Winslow ravine, and the slope down to the stream is greater than 10 ft. in height, a buffer to
protect the fish and wildlife habitat conservation area is required extending 25 ft. beyond the top of
the ravine, and, in addition, a building setback line of 15 ft. from the edge of the buffer is required.
Section 16.20.130B.2(g). Except for portions of the public trail and easements, the buffer and
setback area is proposed to be undisturbed. The site is also adjacent to a geologically hazardous
area because the ravine meets the criteria for a landslide hazard area with a slope angle that
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exceeds 40 percent so Section 16.20.150E requires a buffer the height of the slope or 50 ft.,
whichever is greater, from the edge of the landslide hazard area plus a 15 ft. building setback from
the edge of the buffer. The height, and therefore the buffer, ranges from 57-66 feet. The slope may
be used for approved surface water conveyance if no other reasonable alternative route is
available. The geotechnical report for the project, Exhibit 2A, recommends that the stormwater
not be infiltrated or dispersed within 100 ft. of the ravine crest and that the existing hydrologic
condition of runoff from this portion of the site contributing to stream flows be maintained, as
required by the Code. The proposal is to convey runoff from this portion of the site to a detention
pond from which there would be controlled discharge into a pipe that would carry water down the
slope to the stream. A condition of the MDNS requires that the recommendations of a
geotechnical engineer and replanting requirements for stormwater facilities be followed, and the
Director recommends a further condition requiring that an open space management plan to protect
vegetation be submitted and that stormwater systems be in conformance with the preliminary civil
drawings.
PRELIMINARY SUBDIVISION
18. To be approved, a preliminary subdivision must meet the following criteria:
1. The applicable subdivision development standards of BIMC 17.04.080,
17.04.082 and/or 17.04.085 are satisfied;
2. The preliminary subdivision makes appropriate provisions for the public health,
safety and general and public use and interest, including those items listed in RCW
58.17.110;
3. The preliminary residential subdivision has been prepared consistent with the
requirements of the flexible lot design process unless a flexible lot standard has
been modified as part of a housing design demonstration project pursuant to
Chapter 18.38 BIMC;
4. Any portion of a subdivision that contains a critical area, as defined in Chapter
16.20 BIMC, conforms to all requirements of that chapter;
5. The city engineer determines that the preliminary subdivision meets the
following:
a. The subdivision conforms to regulations concerning drainage (Chapter
15.20 BIMC).
b. The subdivision 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.
c. The streets and pedestrian ways as proposed align with and are
otherwise coordinated with streets serving adjacent properties.
d. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic.
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e. The subdivision conforms to the requirements of this chapter and the
standards in the ―City of Bainbridge Island Design and Construction
Standards and Specifications,‖ except as otherwise authorized in BIMC
17.04.080.C.3;
6. The proposal complies with all applicable provisions of this code, unless the
provisions have been modified as part of a housing design demonstration project
pursuant to Chapter 18.38 BIMC; Chapters 58.17 and 36.70A RCW; and all other
applicable provisions of state and federal laws and regulations; and
7. The proposal is in accord with the city’s comprehensive plan.
Section 17.04.094.
19. Section 17.04.080 provides that the number of lots shall not exceed the density provisions
of Title 18. Section 18.38.090 provides a density bonus as an incentive for a HDDP allowing up to
2.5 times the base density. The base density for the site is 20.8 units so 52 units would be allowed.
The proposal for 48 units is 2.3 times the base density, so within the density allowed.
20. Section 18.38.080A allows reduction of the minimum lot size of 5,000 square feet, Section
17.04.080A.2 with service by a public sewer system, for an approved HDDP, and reduction of the
minimum lot dimensions if approved by the Kitsap County Health District. The smallest lot
proposed is approximately 2,533 square feet. The minimum lot width proposed is approximately
32 feet. The Health District approved the preliminary plat with the proposed lot sizes and
dimensions. The reduced lot sizes would allow the greater number of units necessary to offset the
cost of the low impact design and sustainable construction and to support the affordability of the
proposed units.
21. The maximum lot coverage for the R-3.5 zone is 25 percent. Section 18.24.050. As an
incentive for the HDDP, maximum lot coverage is to be evaluated as part of the evaluation criteria
in Section 18.38.060B. Section 18.38.080. As unit size may not exceed 1,600 square feet, the
Director recommends a condition limiting lot coverage of 1,600 square feet for each of Lots 1 -24
and the balance of up to 26,600 square feet for Phase II, based on the 25 percent maximum. The
proposed coverage is approximately 11.5 percent of the area.
22. Open space requirements of Section 17.04.082 do not apply to HDDPs, according to
Section 18.38.080C, but open space in the project is part of the evaluation criteria for those
projects. Over 40 percent, or 2.5 acres, of the site is designated as open space in four tracts on the
preliminary plat. In Tract F, a recreation area, a ―pea patch‖ neighborhood garden and play
structures are proposed. The Director recommends conditions requiring a bus shelter within open
space Tract A and submission of an open space management plan for approval.
23. Section 18.38.080E provides for reduction of required Title 17, Subdivisions, and Title 18,
Zoning, setbacks. Setbacks are proposed to be reduced to the minimums allowed in that section to
accommodate the number of residential units needed for viability of the affordable housing
project. The Director recommends a condition of approval allowing those minimums provided
that the Building Official and Fire Marshall may modify those if needed to provid e for the public
safety.
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24. Section 18.38.080.F allows reduction in required roadside buffers considering any existing
vegetation and buffering provided by surrounding properties. While the provisions of Section
17.04.080 applicable to R-3.5 zoned land does not require roadside landscape buffers unless
necessary to reflect neighboring development patterns, a full screen 15 ft. wide roadside landscape
buffer reflecting neighboring development patterns is proposed on that portion of the plat
bordering the street that is not one of the open space areas.
25. The proposed preliminary plat complies with the provisions of the flexible lot standards
with modifications that are permitted for an approved HDDP development as described above.
Those modifications are necessary to fully implement the goals.
26. The public use and interest would be served by the provision of housing in a project that
meets the goals of the HDDP program. As shown in various other findings, the proposed plat
makes adequate provision for public health, safety and welfare with the existing infrastructure
with improvements proposed or recommended for open space, drainage ways, streets, pedestrian
and bicycle ways, transit, potable water, sewer, and safe walking conditions for students to reach
bus stops.
27. The Director recommends a condition requiring payment of any applicable school impact
fee at the time of building permit issuance for any residential unit, so adequate provision is made
for schools.
28. The preliminary plat, with recommended conditions, complies with all applicable
provisions of the flexible lot design provisions with the modifications allowed an approved HDDP
as provided in Ch. 18.38.
29. The proposed plat with the recommended conditions conforms to the critical areas
requirements of the flexible lot provisions as modified for approved HDDPs for those portions of
the property containing critical areas buffers.
30. A traffic impact analysis (TIA) was submitted June 30, 2010, Exhibit 52, to assess the
traffic impacts associated with the project as it existed at that time. The TIA projected that the
project would generate a total of 340 trip movements per day with 33 during the PM peak hour,
and that the level of service (LOS) at affected intersections would remain in the acceptable LOS A
to LOS B range. The TIA preliminarily determined that the proposed entrance and exit to and
from the site would provide adequate sight distances. The Public Works Department issued a
Certificate of Concurrency for 340 average daily trips based on the TIA showing that
transportation facilities are adequate for that number of trips. Exhibit 59. Though the project was
modified to substitute detached single-family residences for duplexes after the preparation of the
TIA, the number of bedrooms was reduced making it likely that any increase in trips generated
would be minor and unlikely to reduce the LOS at intersections to an unacceptable level.
31. The Department of Public Works reviewed the preliminary plat and determined that the
subdivision, as proposed or with the recommended conditions, conforms to regulations concerning
drainage, 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; th at the streets and
pedestrian ways align with and are coordinated with streets serving adjacent properties and are
adequate to accommodate anticipated traffic; and that the subdivision conforms to the
requirements of Ch. 17.04 and the standards in the City of Bainbridge Island Design and
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Construction Standards and Specifications, except for variations approved by the City Engineer.
Exhibit 58. That department conditioned its preliminary approval on a series of conditions,
recommended by the Director as conditions of preliminary subdivision approval.
32. At hearing and in the earlier HDDP public process, comments were made that a pull out for
school buses and transit should be required to avoid a hazardous condition. One concern
expressed at the hearing was that buses stopped in traffic lanes would cause drivers to divert from
Ferncliff to other streets. The alternative route, however, was described as less attractive, if not
impractical, as it would involve a left turn onto Tiffany, a narrower street, th en a turn onto
Meadow, a turn onto Wing Point Way and then a left turn onto Ferncliff Avenue with limited
visibility. Traffic officials advised staff that a bus stopping in a traffic lane is regarded as a
positive traffic calming measure and not a hazard.
33. The Fire Marshall, Bainbridge Island Fire Department, reviewed the proposed preliminary
plat and found the utility plan to be acceptable. Exhibit 28. Conditions are recommended to assure
compliance with the Fire Code.
34. The project received non-binding commitments for water and sewer system capacity from
the Department of Public Works, Exhibit 15, and it was found eligible for connection to the
systems. The project received preliminary approval from the Kitsap County Health Department
for water supply and sewer. Exhibit 25.
35. Kitsap Transit provides bus service on Ferncliff Avenue.
36. The Bainbridge Island Municipal Parks and Recreation District indicated that it is satisfied
with the proposed provision of non-motorized trails and easements. Exhibit 23.
37. The proposed plat with recommended conditions complies or will comply with all
provisions of local, state and federal laws and regulations.
38. As found previously, the proposed plat is consistent with the goals and policies of the
comprehensive plan providing affordable housing in close proximity to the downtown area and
providing facilities to encourage residents to use non-motorized transportation.
39. The public use and interest would be served by the proposed subdivision that would
provide new lots for new housing, both single and multi-family, close in and affordable, protection
for critical areas, open spaces, trails for the public use, and amenities for residents’ use.
SITE PLAN AND DESIGN REVIEW
40. The decision criteria for site plan and design review relevant to the project are:
A. The site plan and design is in conformance with applicable code provisions and
development standards of the applicable zoning district, unless a standard has been
modified as a housing design demonstration project pursuant to Chapter 18.38
BIMC;
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C. The locations of the buildings and structures, open spaces, landscaping,
pedestrian, bicycle and vehicular circulation systems are adequate, safe, efficient
and in conformance with the nonmotorized transportation plan;
D. The proposal will be served by adequate public facilities including roads, transit,
water, fire protection, sewage disposal facilities and storm drainage facilities;
E. The site plan and design is consistent with the design guidelines of Chapter
18.41 BIMC, or other applicable design guidelines of the zoning district, unless
strict adherence to a guideline has been modified as a housing design
demonstration project pursuant to Chapter 18.38 BIMC;
F. No harmful or unhealthful conditions are likely to result from the proposed site
plan;
G. The site plan and design is in conformance with the comprehensive plan and
other applicable adopted community plans; and
H. Property subject to site plan and design review which contains a critical area, as
defined in Chapter 16.20 BIMC, conforms to all requirements of that chapter.
Section 18.105.060.
41. Section 18.38.080G allows an additional 5 ft. of height over the 25 ft. allowed by Section
18.24.070 as a bonus through the HDDP approval process. Staff recommends a condition limiting
height to 30 ft. for the multi-family development as a means of limiting the building footprint to
minimize impervious surface coverage. No height bonus is proposed for the single -family
development.
42. Section 18.38.080D allows modification of the residential parking requirements in Ch.
18.81 to one space for homes under 800 square feet, 1.5 for homes 800-1,500 square feet, and two
spaces for homes larger than 1,500 square feet, but not less than one space per unit even with other
allowable reductions. The proposal is for two spaces per single family dwelling unit or 48 spaces,
and 36 for the multi-family units, or 1.5 spaces per unit, for a site average of 1.75 spaces exceeding
both the requirement under the HDDP provisions and the Ch. 18.81 provisions that would allow
reduction by 50 percent because the site is within one-half mile of the ferry terminal.
43. Parking for the multifamily units is proposed to be located in lots behind the building they
serve. Though location of parking is encouraged to be behind, under or to the side of buildings,
most of the parking spaces for the single-family residences are to be located in front of the
buildings, immediately adjacent to the loop roadway. Locating the parking to the side or back
would require more space devoted to driveways and likely more impervious surface. For the four
lots that do not front on the internal loop roadway, proposed Lots 10, 11, 12, and 13, parking is
proposed in reserved spaces in parking easements nearby and adjacent to the roadway. Design
standards for parking of Section 18.81.070 would be met. The Director proposes that a condition
be imposed requiring compliance with the design standards and to assure parking spaces do not
extend into the shoulder areas off the loop road.
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44. Section 18.81.080 requires that parking lots and driveways provide well-defined, safe and
efficient circulation, that raised curbs be used to define entrances from public rights-of-way and
pedestrian walkways to buildings and to define ends of parking aisles and indicate the circulation
pattern, and that walkways be provided for safe access to buildings from parking and the public
right-of-way, have nonskid hard surfaces and meet accessibility requirements. The City Engineer
determined that the proposed parking lot for the multifamily units is well defined, safe and
efficient. Conditions are proposed to require a contrasting, nonskid surface where walkways cross
the roadway and a path to connect the multi-family development with the recreation area.
45. Section 18.81.120 requires a fence or vegetation barrier where a parking lot abuts side or
rear setbacks, as the parking for the multifamily development would. A full screen 15 ft. wide
buffer is proposed along the north boundary.
46. Section 18.81.140 requires one bicycle space for every five parking spaces for multifamily
development. The requirement would be for approximately seven bicycle spaces, however
because the intent of the HDDP is to reduce reliance on automobiles and promote bicycle use, the
Director recommends a condition of approval requiring 24 bicycle stalls, with at leas t 16 covered
stalls located to serve the multifamily units and 8 stalls close to the public trail.
47. Section 18.85.060 requires that all significant trees and tree stands in the perimeter
landscape areas be retained, and in the interior either 15 percent of the total number of significant
trees or 30 percent of the significant tree canopy be retained. The tree retention plan submitted
showed retention of 30 percent of the tree canopy. Exhibit 60, Sheet 10. The Director
recommends a condition to avoid impacts to significant trees during construction.
48. The proposal includes a 15 ft. wide perimeter landscape buffer along the north boundary of
proposed Lot 25 and between the entrance to and exit from the loop road along Ferncliff Avenue.
The buffer is required to be a full screen by Section 18.85.070 and a condition is recommended by
the Director to assure compliance.
49. Though site plan and design review is required under Ch. 18.105 only for the multifamily
portion of the proposal, the entire site was reviewed as part of the HDDP process for innovative
site development. Staff and the DRB observed that the design and recommended conditions work
to integrate the single family and multifamily elements of the site. The design locates buildings so
as to provide open space and buffers around the perimeter and wide separation from the critical
areas and buffers. The design shows an integration of the parts so that all units have access to and
are served by the trails, roadway and open spaces. The locations, open spaces, landscaping, and
pedestrian, bicycle and vehicular circulation systems were shown to be, with the conditions
proposed, adequate, safe and efficient.
50. As findings above show, public facilities are either adequate or improvements are
proposed, or conditions are recommended for improvements, to make them adequate for
transportation, water, fire protection, sewage disposal and storm drainage.
51. Design guidelines in Ch. 18.41 do not apply to development in the R-3.5 zoning district.
52. The development, as proposed and conditioned through SEPA, would not result in any
harmful or unhealthful conditions.
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53. As findings above show, the proposed development supports the goals of and is in
conformance with the comprehensive plan.
54. The proposed development conforms to the requirements of Ch. 16.20 for critical areas
providing the required protective buffers and conditions are recommended to assure the continued
protection.
CONDITIONAL USE PERMIT
55. Multifamily dwellings are conditional uses in the R-3.5 zone, according to Section
18.24.030H.
56. The criteria for conditional use approval are as follows:
1. The conditional use is harmonious and appropriate in design, character and
appearance with the existing or intended character and quality of development in
the immediate vicinity of the subject property and with the physical characteristics
of the subject property; provided, however, that in the case of a project being
processed under Chapter 18.38 BIMC, any differences in design, character or
appearance that are in furtherance of the purpose and decision criteria of that
chapter shall not result in denial of a conditional use for the project;
2. The conditional use will be served by adequate public facilities including roads,
water, fire protection, sewer disposal facilities and storm drainage facilities;
3. The conditional use will not be materially detrimental to uses or property in the
immediate vicinity of the subject property;
4. The conditional use is in accord with the comprehensive plan and other
applicable adopted community plans, including the nonmotorized transportation
plan;
5. The conditional use complies with all other provisions of this code, unless a
provision has been modified as a housing design demonstration project pursuant to
Chapter 18.38 BIMC;
6. The conditional use will not adversely affect the area or alter the area’s
predominantly residential nature;
7. All necessary measures have been taken to eliminate the impacts t hat the
proposed use may have on the surrounding area; and
8. If a conditional use is processed as a housing design demonstration project
pursuant to Chapter 18.38 BIMC, the above criteria will be considered in
conjunction with the purpose and decision criteria of Chapter 18.38 BIMC, and in
light of the goals and policies of that chapter.
Section 18.108.040A.
57. The intention is that the design of the site and the variety of roof forms and window types,
materials consistent with those used in the area, and massing would be harmonious with the
character and quality of the single family development on site and of the development in the
surrounding area. Though design guidelines of Section 18.41.060 do not apply to multifamily
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development in the R-3.5 zoning district, Applicant has agreed to apply those guidelines to the
Phase II development and seek DRB review. The Planning Commission recommended that this be
included in a condition of approval to assure compliance with those guidelines.
58. The existing and proposed infrastructure is adequate, or with the recommended conditions,
will be adequate for the transportation, fire protection, water, sewage disposal needs, and storm
drainage for the proposed development.
59. The multifamily development proposed for the conditional use permit would not be
materially detrimental to uses or property in the immediate vicinity.
60. The conditional use would be in accord with comprehensive plan goals and policies and
with the Winslow Master Plan Study Area, as it provides affordable housing in close proximity to
downtown area, housing diversity and choice, and facilities to encourage use of non-motorized
transportation options.
61. The conditional use, with the conditions recommended by staff, would comply with all
provisions of the Municipal Code, as modified pursuant to the HDDP provisions of Chapter 18.38.
Those modifications were shown to be appropriate to achieve the goals of the program.
62. The conditional use for multifamily development would not adversely affect or alter the
residential nature of the area with its extensive open space, retention of trees, vegetated screens,
and interior roadway.
63. Between the incorporation of low impact development measures into the design, generous
on-site parking, and the conditions imposed as a part of the MDNS and those proposed by the
Director, all necessary measures have been taken to eliminate impacts the use might otherwise
have.
64. As addressed in earlier findings, the project with its multifamily housing component would
meet the goals and policies of the HDDP program in that it would provide sustainable development
that increases the housing choices available to all economic segments of the community.
65. Because site plan and design review would be valid for five years, the multifamily portion
of the proposed HDDP is to be developed in Phase II, and conditional use permits expire in three
years if application for a building permit is not filed within that period, Applicant seeks approval,
as authorized by Section 18.108.060 for an extended life, for a five year time period for the
conditional use permit.
RECOMMENDATIONS AND PROCEDURAL COMPLIANCE
66. The City’s responsible official issued a Mitigated Determination of Nonsignificance
(MDNS) on February 18, 2011. Exhibit 30. Conditions required a bus shelter with landscaping,
more visible crosswalk with signage across Ferndale, enclosure and screening of solid waste
containers for the multifamily development, complying with the recommendations of a
geotechnical engineer for site development and replanting for stormwater facilities installed within
the ravine slope or buffer, copies of any approvals required from public agencies, and addressing
potential archaeological resources. The MDNS was not appealed.
67. The public commented on the original proposal, and again after the proposal was modified,
in the public participation meetings, to the Planning Commission, DRB, and to the hearing
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examiner. The comments addressed concern about increased density and traffic, lack of a bus
pull-out, crosswalk visibility on Ferncliff, screening, impacts to utility infrastructure, the financial
feasibility of the proposal and the financing arrangements for construction and eventual
purchasers, its long-term maintenance, whether the HDP points given for proposal were
warranted, lost opportunity to relocate historic buildings on the site, possible hazard from
detention ponds, among others. Many of the comments and concerns resulted in changes to the
proposal, SEPA conditions, or recommended conditions. The record contains public comments in
support of the proposal, as well.
68. After thorough consideration of the proposal, the Planning Commission recommended
approval of the Ferncliff Village project in terms of conformity with the HDDP, the preliminary
subdivision requirements, the site plan and design review requirements, and the criteria for
conditional use permit.
69. The Director recommended approval of the preliminary subdivision, site plan and design
review, and conditional use permit, with conditions, and the HDDP.
70. Notice of the public hearing was posted on the property February 28, 2011, published in the
official newspaper February 25, 2011, and mailed to the applicant and to the addresses within 300
ft. of the subject property on February 23, 2011 Exhibit 38.
71. The Hearing Examiner is authorized by Section 2.16.110C to hold a public hearing and
make a recommendation to the City Council for its decision on a preliminary subdivision.
Conclusions
1. The Hearing Examiner has jurisdiction to hear and make a recommendation on this
application.
2. Notice was given as required by Section 2.16.085D.
3. The findings show that the criteria for preliminary subdivision in Section 17.04.094 are
met or, with the recommended conditions, would be met in that the flexible lot standards as
modified by provisions of Ch. 18.38 for HDDPs are met; the public health, safety, and general
public use and interest, including the items in RCW 58.17.110, are provided for; the subdivision is
consistent with the requirements of the flexible lot design process, as modified by Ch. 18.38;
critical areas are protected; the plans are consistent with drainage regulations; the subdivision will
not unduly burden the drainage basin or water quality nor interfere with use and enjoyment of
properties downstream; the streets are coordinated and adequate for the traffic; the plans conform
to the requirements of the Subdivision Chapter and the standards in the City of Bainbridge Island
Design and construction Standards and Specifications; it complies with all requirements of City,
state and federals laws and regulations; and the subdivision is in accord with the comprehensive
plan. Therefore, the preliminary subdivision should be granted subject to the recommended
conditions.
4. The findings also show that the criteria listed in Section 18.105.060 for site plan and design
review approval are met in that the plan and design are in conformance with all applicable code
provisions; the design sites buildings appropriately and provides adequate open spaces,
landscaping, roads, transit, water, fire protection, sewer facilities, and storm drainage facilities and
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safe and efficient non-motorized and vehicular circulation consistent with the non-motorized
transportation plan; would not result in harmful or unhealthful conditions; is in conformance with
the comprehensive plan; and conforms to the requirements of Ch. 16.20 for critical areas so
approval of the site plan and design review should be granted.
5. The criteria for conditional use permit approval in Section 18.108.040A are met by the
proposal for multifamily housing in that the findings show that it would be harmonious in design
character and appearance with its surroundings; it would be served by adequate infrastructure; it
would not be materially detrimental to other uses or property in its vicinity; it would be in accord
with the comprehensive plan and other adopted plans; it would not alter the predominantly
residential nature of the area; and impacts of the use on the area have been appropriately
eliminated. With all criteria satisfied, the conditional use permit should be granted.
6. The evaluation conducted by the DRB and the Director described in the findings concluded
that the applicant did demonstrate that the project meets the evaluation factors in Section
18.38.060, and the findings show that relief from specific development standards is needed to
achieve the design and the goals of the HDDP chapter. The findings show that the design and
appearance of the proposed project will be harmonious with the character and quality of
development in the vicinity and the characteristics of the subject site; the project would not
adversely impact existing public service levels; the project complies with Code provisions; and
each of the phases will include adequate infrastructure, open space, recreational facilities,
landscaping and other conditions to stand alone. The proposal meets the required housing
diversity standards and a condition is proposed to require that at least 50 percent of the units
remain affordable for the required period. The HDDP should be approved.
Decision
The proposed preliminary subdivision, site plan and design, and conditional use permit for
project as a Tier 3 HDDP should be approved subject to the conditions recommended by staff as
modified herein, contained in Appendix A.
Entered this 31st day of March, 2011.
/s/ Margaret Klockars
__________________________
Margaret Klockars
City of Bainbridge Island
Hearing Examiner pro tem
Concerning Further Review
The City Council will hold a public meeting to consider the application. A decision by the
City Council is final unless, within 21 days after its issuance, a person with standing appeals the
decision in accordance with Ch. 36.70C RCW.
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APPENDIX A
SEPA MDNS Conditions
1. To avoid environmental impacts and potential risk of ravine slope instability, the applicant
shall follow the recommendations of a geotechnical engineer for site development,
including site preparation, excavation, construction, vegetation management and
stormwater facilities. The applicant shall meet the replanting requirements of BIMC 16.20
for stormwater facilities installed within the ravine slope or its buffer.
2. To avoid or mitigate environmental impacts, Washington State Department of Fish &
Wildlife Hydraulic Project Approval may be required prior to construction of storm
drainage facilities on this project. Copies of any required approvals must be submitted to
the City prior to construction. A copy of all public agency approvals and approved
drawings shall be given to all contractors performing work at the site prior to beginning any
construction work.
3. To avoid impacts to archaeological resources, contractor is required to stop work and
immediately notify the Department of Planning and Community Development and the
Washington State Office of Archaeology and Historic Preservation if any historical or
archaeological artifacts are uncovered during excavation or construction.
4. To mitigate public service impacts, the applicant shall provide a bus shelter designed to
accommodate approximately 20 school children. The shelter shall be located in the
northeast corner of the property within ―Open Space Tract A‖ and/or the adjacent
right-of-way.
5. To mitigate public service impacts, the applicant shall install a painted or thermoplastic
crosswalk and appropriate related signage across Ferncliff Avenue at its intersection with
Tiffany Meadows Drive. Installation shall be to the satisfaction of the City Engineer.
6. To mitigate aesthetic impacts, where feasible considering sight distance and safety,
landscaping to screen the bus shelter from the adjacent property to the north shall be
provided. Solid waste containers associated with the multi-family development shall be
enclosed on all sides and screened with vegetation; chain link fencing shall not be used.
7. To mitigate public service and aesthetic impacts, the bus shelter, related landscaping and
the crosswalk shall be installed or assured prior to final plat approval; an assurance device
shall provide for construction within one year of final plat approval. The location and
design of the shelter and related landscaping shall be to the satisfaction of the Department
of Planning and Community Development and the City Engineer.
Project Conditions
8. The project must substantially conform to the Housing Design Demonstration Project
(HDDP) program criteria for housing diversity, innovative site development and
innovative building design as demonstrated in the HDDP evaluation scoring and
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applications for the underlying land use permits, except as otherwise conditioned through
this approval:
a. The completed project must provide that least 50 percent of the units remain affordable. A
proportional amount of affordable housing units must be completed at or prior to
completion of any market rate units.
b. The maximum home size is 1600 square feet.
c. The project must achieve the HDDP development standards related to Low Impact
Development; prior to final plat approval, the applicant shall allocate impervious
surface coverage for each of the lots and, where applicable, within the open space
tracts. The final civil plans shall substantially conform to the capacity and facilities
presented in the preliminary civil design drawings.
d. The project must provide landscaping, open space, and transportation elements that
substantially conform to those presented in the preliminary drawings.
e. The project must achieve LEED Silver, BuiltGreen 4 or Evergreen Sustainable
Development certification for each of the lots/units. Building permit applications,
construction and final occupancy shall comply with the certification provisions of
BIMC 18.38.040.H.
9. As a phased project, each phase must contain adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions of the project to stand alone if
no other subsequent phases are developed. The roadway and related improvements,
public trail improvements, bus shelter and related improvements, recreational facilities
including play structure(s), bicycle facilities not associated with Phase II, landscape
buffers, and stormwater facilities supporting Phase I, shall be constructed or assured prior
to final plat approval and prior to issuance of any construction permit for Phase II, unless
the building permits for both phases are issued simultaneously.
10. The applicant shall submit complete building permit application for Phase II, the
multi-family buildings, within five years of the final decision on the application for Site Plan
and Design Review and Conditional Use Permit; a one-year extension may be granted by the
Director in accordance with the provisions of BIMC 18.105.100 and 18.108.070.
a. The applicant shall apply BIMC 18.41.060, Design Guidelines for Multi-family
Development in the R-8 and R-14 Zones, to the multi-family buildings in Phase II
provided; that the guideline entitled ―Screening Surface Parking‖ is satisfied by the 15
foot width full-screen vegetated buffer, shown on the site plans and conditioned
through this report. The applicants shall seek a recommendation of approval from the
Design Review Board regarding the multi-family portion of the site prior to
construction of Phase II, the multi-family buildings.
11. Prior to any construction activities, appropriate permits, including but not limited to
right-of-way permits and license agreements, road approach permits, clearing, grading,
and building permits, shall be obtained from the City.
12. Except for modifications reflecting compliance with these conditions of approval, the
completed development shall substantially conform to the preliminary subdivision
drawings pages 1-8 received December 30, 2010, and pages 9-10 received March 17,
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2011, plan sheet AS2.1, and the landscape drawings received June 30, 2010. The final
subdivision drawings shall depict individually the buffer, building setback, and open
space setback from the ravine. Upon final plat submittal, the applicant shall submit
landscape and civil drawings that reflect these conditions of approval; the drawings shall
show the location and, as applicable, provide detail of the bicycle facilities, the bus
shelter, solid waste facilities, mailboxes, neighborhood garden area, and recreation area
facilities including the play structure. The final drawings may reflect changes, such as
those related to utility easements, parking facilities, and pedestrian facilities, as
conditioned through this approval.
13. If a school impact fee is in effect at the time of building permit issuance, it shall be the
responsibility of an applicant constructing the residential unit to pay the school impact fee
(BIMC 15.28).
14. At time of building permit application, the applicant shall submit outdoor lighting plans
that demonstrate compliance with BIMC 15.34, Outdoor Lighting on Public and Private
Property. Freestanding lighting shall have a maximum height of 14 feet including the
base and casing.
15. Construction shall conform to the Department of Ecology Western Washington
Stormwater Manual and the City of Bainbridge Island Design and Construction
Standards. 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. The applicant shall comply with the following
conditions to the satisfaction of the City Engineer:
a. A Transportation Facility Certificate of Concurrency has been issued for this
project in accordance with provisions contained in BIMC 15.40. Acceptance by
the applicant of this preliminary plat approval shall constitute agreement in writing
to construct and install all street improvements and make necessary dedications as
conditioned. All dedications shall be shown on the final plat.
b. The applicant shall provide a 30-foot width right-of-way dedication from the
existing center line along the entire length of the property’s Ferncliff Avenue
frontage, including any areas previously dedicated.
c. The development shall provide, at a minimum, ten-foot width non-motorized
public trail right-of-way/trail easements as depicted in the preliminary subdivision
drawings. The public trail system connecting Ferncliff and Cave Avenues shall be
constructed or assured prior to final plat approval; an assurance device shall
provide for construction within two years of final plat approval.
i. The trail shall be constructed to provide no less than a five foot width surface, and
shall consider accessibility.
ii. A contrasting, nonskid surface shall be installed where the trail crosses the roadway.
iii. The final plat drawing and civil plan shall be revised to align the trail where it
intersects the roadway to provide a minimal crossing area.
iv. A path no less than three feet in width shall provide a connection between Lot 25
and Tract F to provide access to the public trail and recreation facilities. This path
shall consider accessibility.
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d. The development shall provide, at a minimum, a ten-foot width non-motorized
public trail right-of-way or trail easement along the west property line from the
north property boundary to connect to the Cave Avenue right-of-way.
e. Vehicular access to the development shall be limited to a one-way public street
with ingress/egress via Ferncliff Avenue. The roadway shall meet the Residential
Optional Suburban Street Standard.
i. The roadway shall be located within a minimum 20 foot width dedicated
right-of-way, and shall include a 12 foot width paved driving surface and three foot
width gravel shoulders on each side.
ii. Where feasible with regard to stormwater facilities, raised curbs shall define the
entrance to the multi-family parking lot from the internal public roadway, define
the ends of the multi-family parking lot aisle, and, if applicable, define pedestrian
walkways from the internal roadway to the multi-family buildings.
iii. Pedestrian walkways shall be provided to assure safe access from the parking area
serving the multi-family buildings and to single-family residences where the
associated parking is not located on the lot it serves. Walkways shall be surfaced
with nonskid hard surfaces.
iv. Where pedestrian walkways and/or trails cross vehicular driving lanes, the
walkways shall be constructed of contrasting materials.
v. The roadway shall provide a minimum of three turnouts. While ―standing‖ is
permitted, ―parking‖ is not permitted in the turnouts. The turnouts shall be
appropriately signed.
vi. Mailboxes for the entire development shall be located at the turnout nearest the
ingress from Ferncliff Avenue.
vii. Parking spaces shall meet the design standards of BIMC 18.81. Parking space
dimensions shall not extend onto the shoulder areas.
viii. The roadway shall be designed to accommodate the weight of a 65,000-pound fire
apparatus. Pervious materials are permitted as long as applicable design
specifications are met and the edges of the shoulders are clearly visible.
ix. The roadway and shoulders shall provide a minimum 13’6‖ overhead clearance.
x. The entire length of the roadway shall be marked as a fire lane: No parking shall be
permitted on the roadway or shoulders.
xi. Construction and signage shall be to the satisfaction of the Fire Marshal.
f. The applicant shall provide a new fire hydrant on the southeast portion of the
internal road at its intersection with Ferncliff Avenue to the satisfaction of the Fire
Marshal. New hydrants shall be equipped with a 4‖ Storz fitting on the pumper
port.
g. Water and sanitary sewer main extensions not located in public rights-of-way shall
be located in easements no less than 15 feet in width. On-site main extensions shall
be publicly owned and maintained; all mains shall allow access for maintenance.
h. Prior to final subdivision submittal, the applicant shall submit complete civil plans
and drainage report for the proposed development to the City Engineer and the
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Department of Planning and Community Development for review and approval.
The design shall be prepared by a Professional Engineer licensed in the State of
Washington, and shall be in accordance with BIMC 15.20. Low Impact
Development (LID) practices for stormwater mitigation must demonstrate
compliance with BIMC 15.20.050.
i. The plans shall depict all required improvements, and shall include roadway details
and profiles, sanitary sewer, water, utility and storm drainage facilities, including
easement location and dimensions.
ii. The plans shall address grading, erosion and sedimentation control and include a
Stormwater Pollution Prevention Plan (SWPPP).
iii. The plan shall depict significant trees required to remain for the completed
development; easements shall be located to avoid impacts to significant trees that
will be retained.
i. Prior to any construction activities, the applicant shall apply for a National
Pollutant Discharge Elimination System (NPDES) Construction Stormwater
General Permit.
j. Prior to final subdivision approval, the applicant shall provide an Operations and
Maintenance Plan and Declaration of Covenants approved by the City Engineer for
all constructed stormwater facilities in accordance with BIMC 15.21.
k. Prior to final subdivision approval and prior to construction, the applicant shall
provide a drainage easement for stormwater facilities on the adjacent property
(Winslow ravine stream).
l. Binding water availability and sewer availability letters shall be submitted with
final plat application.
m. All lot corners shall be staked with three-quarter inch galvanized iron pipe and
locator stakes along with all other applicable survey provisions of state and City
ordinance.
n. A plat certificate shall be provided with the final subdivision application.
o. BIMC 17.04.119 provides: In lieu of completion of improvements with conditions
of a preliminary plat approval, the City Council may accept an assurance device,
other than a bond, in an amount and in a form determined by the City Council,
which secures and provides for the construction and installation of improvements
or the performance of conditions within one year, or such additional time as the
City Council determines is appropriate after final plat approval. In addition, the
City Council shall require an assurance device, including a bond, securing the
successful operation of improvements for one year after the City’s acceptance of
the improvements; provided, that the City Council may, upon recommendation of
the City Engineer or the Director, extend the term of the assurance device for up to
two years for improvements that will not demonstrate compliance with
construction or installation requirements within one year. In the event an assurance
device is provided in lieu of completion of improvements, a prominent note on the
face of the final subdivision shall state: “The lots created by this subdivision are
subject to conditions of an assurance device held by the City for the completion of
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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.”
16. The building setbacks are as follows and shall be noted on the final subdivision:
Building to building: Minimum 0 feet*
Building to subdivision boundary: Minimum 5 feet
Building to right-of-way Minimum 10 feet
Building to trail / open space: Minimum 10 feet
*Subject to Building Official and Fire Marshal building permit approval.
17. The total available lot coverage of 65,000 square feet for the development shall be
allocated on the face of the final plat. The final plat shall reflect maximum lot coverage of
1,600 square feet per lot for Lots 1 – 24 and 26,600 square feet for Lot 25; the allocation
shall include lot coverage for the bus shelter and covered bicycle facilities.
18. The maximum building height of multi-family buildings in Phase II is 30 feet; the
maximum height of all other buildings and structures is 25 feet.
19. A minimum of 24 bicycle stalls shall be provided to serve the development. A minimum
of 16 covered bicycle stalls shall be located to provide primary service to the multifamily
units. The remaining 8 stalls shall be located to within close proximity to the public trail.
Stalls may be located in open space tracts. All bike facilities shall provide for secure
locking of both the frame and the wheels.
20. Prior to issuance of any building permit, applicant shall plant the 15 foot width buffer
areas along the north and east boundaries to, at a minimum, full screen standards (BIMC
18.85.070.B.1). Plantings shall be installed or assured prior to final plat approval; an
assurance device shall provide for installation within one year of final plat approval, and a
maintenance device provided in accordance with BIMC 18.85.
21. Landscape buffers shall be maintained in conformance with the required vegetated screen
standards. No vegetation within the buffers shall be disturbed without approval of the
Department of Planning and Community Development through an approved landscape,
clearing, grading, or civil plan.
22. Prior to any construction activity, construction fencing shall be installed in such a manner
as to protect the drip line of significant trees and native vegetation within open space areas
and buffers.
23. Significant trees designated for preservation shall be shown on the final subdivision. A
minimum of 30 percent of the existing significant tree canopy on the site, or 15 percent of
the existing significant trees on site at time of preliminary plat application, shall be
retained. No building, clearing or grading within the critical root zone of a significant tree
designated for preservation shall occur without a report from a consulting arborist
indicating how the tree will be preserved. If any significant trees are determined to be
hazardous by a professional arborist, they may be removed after a replanting plan has
been approved by the Department of Planning and Community Development.
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24. A final Open Space Management Plan shall be submitted with the final plat application.
The approved uses in the final Open Space Management Plan (OSMP) shall comply with
the requirements contained in BIMC 17.04 and BIMC Title 18. Due to the geologically
hazardous nature of the open space areas, the final OSMP must reflect allowed uses in
Tract F, including provisions for stormwater conveyance and vegetation requirements of
BIMC 16.20. Stormwater systems in substantial conformance with the preliminary civil
drawings shall be permitted in the open space areas. The OSMP shall provide for use /
maintenance of the bus shelter, recreational area, play structure(s), ―pea patch‖ and any
bicycle storage facilities located therein.
25. Conditions 1 – 3; 7 if assured; applicable portions 8; 11; 13; 14; applicable portions of 15;
16 – 18; 20 if assured; and reference to landscape / vegetation requirements contained in
21 – 24 shall be listed on the final plat mylar.