HEX BGH Notice of Continuance 072514July 25, 2014
CITY OF BAINBRIDGE ISLAND, WASHINGTON
HEARING EXAMINER
NOTICE OF CONTINUANCE
Project: Rolling Sunrise Subdivision
File number: SUB18840
Applicant: BGH Development, LLC
2442 Market Street, #378
Seattle, WA 98107
Location: The project site is located at the south end of Sunrise Drive, immediately south
of 10781 Sunrise Drive.
Request: Preliminary long lot subdivision approval to create 7 single-family lots and open
space areas in accordance with the City's open space and flexible lot design
subdivision provisions.
1. The public hearing on the above referenced preliminary subdivision application was opened at 1
PM on July 23, 2014, at which time exhibits were entered and testimony received from City staff, the
applicant and neighborhood residents. The focus of the discussion was the inadequacy of the City's
road system serving the applicant's parcel. After about an hour of testimony the Hearing Examiner
announced that he would not be able to approve an application based on obtaining road access from an
egregiously deficient road system such as that which currently characterizes this part of the Rolling
Bay/Manitou Beach neighborhood.
2. The project site lies about midway between Valley Road to the north and Manitou Beach Drive
to the south and presently proposes to access each via Sunrise Drive and Hyla Avenue respectively.
The inadequacy of these road connections was freely acknowledged at the public hearing by City staff
planner Sean Conrad and development engineer Janelle Hitch. The connections both north and south of
the site are under -built and poorly maintained gravel or marginally paved one -lane public roads. The
driving lanes average about 11 feet in width where unconstrained, but narrow down to as little as 9 feet
where large trees or topographical limitations are encountered. No roadside ditches exist, and chronic
neighborhood drainage issues are well documented. Sight distance problems occur in certain locations
due to hills and curves. The applicant proposes to construct modular housing units on the seven lots,
which units will need to be trucked into the site in 15.5 foot -wide sections; no one has as yet
ascertained whether this would be feasible on the existing road network.
NOTICE OF CONTINUANCE - 1
3. In a general way, the staff report at page 7 also acknowledged the existence of these problems:
Increased traffic from the subdivision will impact Hyla and Sunrise which are already in
poor condition.
Hyla Ave.
Road in poor condition/narrow road/little to no storm water system in place to
retain or divert the storm water
Sunrise Drive
Road in poor condition/narrow one -lane road/ storm water issues
The proposed subdivision will increase traffic on both Hyla and Sunrise. Given the
number of lots proposed in the development and the roadway access plan, the
development does not meet the thresholds to require a traffic impact assessment. These
roads are in poor condition based on current City design standards. However, there is
not a mechanism in place to require the developer or future homeowners to address the
impacts, however minor, to the existing City owned and maintained roads. This includes
addressing existing storm water issues related to poor or inadequate ditches and
culverts to adequately convey storm water to the Sound. Stormwater from the site must
be addressed on the site or a downstream analysis will be required. The downstream
analysis would identify deficiencies in stormwater conveyance. (Emphasis added.)
4. The foregoing italicized portion of the staff report overstates the regulatory obstacles. A more
accurate rendition would be that there is presently no straightforward cookbook solution to the various
issues outlined in the staff report and above in paragraph 2. The City in fact possesses adequate general
authority to address these issues —under SEPA, RCW 58.17.110 and BIMC 2.16.125.G. But there is
indeed no ready-made menu of solutions, and taking effective action would have taxed City staff to do
some non -routine thinking, perhaps exploring novel approaches.
5. The purpose of this continuance is to foster a process of creative analysis about whether and
how an at least minimally adequate road access can be provided to the Rolling Sunrise site in a way
that does not unduly add to the burden of neighborhood residents who already have to live with the
existing infrastructure deficiencies. This probably means looking for the least -constrained route that
can be upgraded for a reasonable investment in time and effort and with the fewest adverse impacts,
then redesigning the plat to access all lots from this road. The Examiner's preliminary sense is that
Sunrise Drive likely offers the most promising prospect, but all options remain on the table for
consideration.
6. The good news is that the City appears to own ample right-of-way widths along all potential
routes, and the City's road design standards supply a workable framework for evaluating the adequacy
of facility options. The ultimate objective would appear to be to provide either a minimum -width two-
way street or a one-way route with an adequate number of turnouts. Any analysis of alternatives for a
particular route should include a review of the feasibility and costs for both single -lane and two-way
options. The feasibility evaluation for any single -lane option will need to consider whether the limited
traffic volumes that such a facility can comfortably accommodate would be sufficient to meet the total
NOTICE OF CONTINUANCE - 2
neighborhood traffic demand at that location. Sight distance, drainage and construction access issues
also would need to be addressed. The primary burden of analysis will fall on the applicant and City
staff, but neighborhood residents and other members of the public are invited to offer their suggestions
and insights as well.
7. The following timeline will be instituted for this procedure:
August 15, 2014. Deadline for the applicant and City staff to submit to the Hearing Examiner's
Office (with copies to one another) their evaluations of the relative feasibility of alternative
routes and strategies for providing adequate public road access to the Rolling Sunrise site.
Members of the public may submit written comments or other documentation on these
questions by the same deadline.
• 9 AM, August 21, 2014. The continued public hearing will be reconvened at City Hall to
discuss the new information on alternative routes and strategies and determine the next steps in
the process.
ORDERED July 25, 2014.
a ord L. Smith. I�eai' Examiner
City of Bainbridge Island
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