HEX Grow Phase I Subdivision Amendment 070714July 7, 2014
OFFICE OF THE HEARING EXAMINER
CITY OF BAINBRIDGE ISLAND, WASHINGTON
REPORT AND RECOMMENDATION TO THE CITY COUNCIL
Project: Grow Community Phase I
Subdivision Amendment and Boundary Line Adjustment
Applications
File numbers:
SUBA13551 and BLA13551C
Applicant: Bainbridge Community Development LLC
710 John Nelson Lane
Bainbridge Island, WA 98110
represented by Ryan Vancil, Attorney
266 Ericksen Avenue NE
Bainbridge Island, WA 98110
Location of Subject Property: At the southeast corner of Grow Avenue and Wyatt Way.
Zoning and Comprehensive Plan
Designations: R-14, 3100 square feet per unit
Environmental Review: A SEPA Mitigated Determination of Non -significance was
issued May 27, 2014. No appeals were filed.
Request: The eight acre project received approval as a phased, Tier
II Built Green 5 Housing Design Demonstration Project
(HDDP) through an underlying site plan & design review
(SPR) land use permit on March 9, 2012 for the
development of 131 residential units, a potential school
and community center. The original approval divided the
RECOMMENDATION FOR SUBDIVISION AMENDMENT -
site into three phases. The first phase consisted of three
acres at the corner of Grow Avenue and Wyatt Way and is
currently under construction. Following the SPR approval,
a first phase HDDP subdivision (SUB 13 3 5 1)(Grow
Community I) was approved on August 24, 2012.
The subdivision amendment (SUBA13551) proposes
slight adjustments to the open space and parking
tracts of the Grow Community I subdivision to align with
a concurrently approved Grow Community II
subdivision and is subject to City council approval based
on a Hearing Examiner recommendation. The boundary
line adjustment (BLA13551C) supports the subdivision
amendment.
FINDINGS OF FACT
Site Characteristics:
Tax Assessor Information:
A. Tax Lot Numbers: 5595-000-025-0001 (Open Space) & 5595-000-026-0000 (Parking
Tract)
B. Owners of Record: Bainbridge Community Development LLC
C. Lot Size: .71 (OS, pre amendment) to .68 acres and .45 (PT, pre amendment) to .38
acres
D. Land Use: Residential.
BIMC 2.16.160.M describes the process for amending a final plat:
Amendment to Approved Long Subdivision.
1. Proposals for alteration of a subdivision shall follow the provisions of RCW 58.17.215.
Alterations of a subdivision are also subject to the provisions of RCW 64.04.175, except as
described in subsection S.2 of this section.
2. The contents and procedures for minor alterations of open space and/or open space usage in
an approved final long subdivision shall be administratively reviewed consistent with the
procedures and requirements of BIMC 2.16.030._
3. RCW 58.17.215 authorizes the alteration of a final plat, as follows:
When any person is interested in the alteration of any subdivision or the altering of any portion
thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to
request the alteration to the legislative authority of the city, town, or county where the
subdivision is located. The application shall contain the signatures of the majority of those
persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject
subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which
RECOMMENDATION FOR SUBDIVISION AMENDMENT - 2
were filed at the time of the approval of the subdivision, and the application for alteration
would result in the violation of a covenant, the application shall contain an agreement signed
by all parties subject to the covenants providing that the parties agree to terminate or alter the
relevant covenants to accomplish the purpose of the alteration of the subdivision or portion
thereof.
Upon receipt of an application for alteration, the legislative body shall provide notice of the
application to all owners of property within the subdivision, and as provided for in RCW
58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or
provide that a hearing may be requested by a person receiving notice within fourteen days of
receipt of the notice.
The legislative body shall determine the public use and interest in the proposed alteration
and may deny or approve the application for alteration. If any land within the alteration is part
of an assessment district, any outstanding assessments shall be equitably divided and levied
against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from
the alteration. If any land within the alteration contains a dedication to the general use of
persons residing within the subdivision, such land may be altered and divided equitably
between the adjacent properties.
After approval of the alteration, the legislative body shall order the applicant to produce a
revised drawing of the approved alteration of the final plat or short plat, which after signature
of the legislative authority, shall be filed with the county auditor to become the lawful plat of
the property.
This section shall not be construed as applying to the alteration or replatting of any plat of
state -granted tide or shore lands.
4. BIMC 2.16.090.1) provides the criteria for approval of a boundary line adjustment:
Decision Criteria.
1. An application for a boundary line adjustment may be approved or approved with conditions
if no additional lot is created and no lot is created that contains insufficient area and
dimensions to meet the minimum requirements for area, width and depth for a building site in
the zone in which the property is located. If these criteria are not satisfied, then the criteria in
subsection D.2 of this section must be met or the boundary line adjustment may not be
approved.
2. If the criteria in subsection D.1 of this section are not met, the application for boundary line
adjustments may be approved or approved with conditions if.•
a. After the adjustment, each lot involved retains its status prior to the adjustment as a
developed or undeveloped lot and as a conforming or nonconforming lot; or
b. After the adjustment, a nonconforming lot that is permitted to be developed under
BIMC 18.30.050 may become a conforming lot.
RECOMMENDATION FOR SUBDIVISION AMENDMENT - 3
3. The director shall not approve an application for a boundary line adjustment if the director
determines that the adjustment is being used, either individually or in combination with other
adjustments, to achieve a result that would otherwise require a short or long subdivision
approval.
4. A boundary line adjustment may be approved even if it results in a lot that contains a pre-
existing accessory structure without a related primary structure.
5. As documented by the Planning staff report, the proposed boundary line adjustment between the
approved subdivision and the neighboring lots to the east will neither create an additional lot nor create
a lot that contains insufficient area and dimensions to meet the minimum requirements for the zone.
The adjustment allows for a realignment of the parking tract as approved by the City Council on
October 23, 2013. The boundary line adjustment results in a reduction of approximately 4,500 square
feet to the approved subdivision to accommodate the proposed changes, which translates to a reduction
of ten automobile parking spaces in Phase I.
6. The subdivision amendment will result in a minor decrease in area for the Parking Tract. No
relevant ownership changes have occurred since the time of initial subdivision application and
approval.
7. Public notice requirements have been met. The City and applicant stipulated that the record
created at the June 19, 2014, public hearing for Grow Community Phase II applications (file nos.
SUB 13551B, CUP13551, SPRA13551C) was to be adopted as the record for the plat alteration and
boundary line adjustment applications heard concurrently therewith. No one opposed the instant
applications, which are purely procedural in effect.
CONCLUSIONS
The public use and interest will be served by approval of the proposed plat alteration. The
requirements of RCW 58.17.215 have been met.
2. The requirements of BIMC 2.16.090.1) for approval of a boundary line adjustment have been
satisfied.
RECOMMENDED DECISION
The subdivision amendment and boundary line adjustment applications for the Grow Community
Phase I (file nos. SUBA13551 and BLA13551C) for development located at the southeast corner of
Grow Avenue and Wyatt Way are GRANTED, subject to the following conditions of approval:
1. No development shall be authorized by this approval that conflicts or is inconsistent with the
conditions imposed by the decision for Grow Community Phase II (file nos. SUB 13551B, CUP 13551,
SPRA13551C) issued July 7, 2014. Specific conditions applicable to this approval are specified below.
2. The boundary line adjustment and long subdivision amendments shall be recorded with the final
plat approval for Grow Community II (Condition # 37).
RECOMMENDATION FOR SUBDIVISION AMENDMENT - 4
3. Sheet 3 of 3 of the Boundary Line Adjustment shall revise the table for Lot Areas from Parking
Tract to Open Space Tract (Condition # 38).
RECOMMENDED July 7, 2014
LILY u1 ndillullugo 1J1A11U
The exhibit list prepared by the Clerk of the Hearing Examiner's Office is attached.
RECOMMENDATION FOR SUBDIVISION AMENDMENT - 5
EXHIBIT LIST
Grow Community
SPRA13551C — CUP13551 — SUB13551B
SU BA13551 B — BLA13551 C
Staff Contact: Public Hearing: June 19, 2014
Heather Beckmann Location: City Hall
Associate Planner
Hearing Examiner: Stafford L. Smith
NO.
DOCUMENT DESCRIPTION
DATE
1
Application — SPRA13551 C
10/23/2013
(Received)
2
Application — CUP13551
10/23/2013
(Received)
3
Application — SUB13551 B
10/23/2013
(Received)
4
Application — SUBA13551 B
10/23/2013
(Received)_
5
Application — BLA13551 C
10/23/2013
(Received)
6
Grow Community Phase 2 Utility Report
10/23/2013
(Received)
7
Preliminary Geotechnical Report (Dated January 29, 2010)
10/23/2013
Received
8
Notice of Revised Applications & New Applications/SEPA Comment Period
12/13/2013
(Dated)
9
Legal Notice
12/13/2013
(Published)
10
Certificate of Posting
12/17/2013
Dated
11
Bainbridge Island Fire Department Memo
03/14/2014
(Dated)
12
Project Report (presented to the Planning Commission on 5/22/14)
05/16/2014
(Dated)
ATTACHMENTS
A. Grow Community II Boundary Line Adjustment dated October 16, 2013.
B. Grow Community Phase II Plan Set dated May 9, 2014.
C. Preliminary Plat of Grow Community II dated February 13, 2014
D. Public Participation Question and Answers, July 2013.
E. Design Review Board Minutes, August 19, 2013 Regular Meeting.
F. SEPA Checklist as provided with application date stamped October 23,
2013.
G. Design Review Board Minutes, December 2, 2013 Regular Meeting.
H. Compilation of comments received during the two public comment periods.
I. Memo from the Assistant Chief Luke Carpenter, dated March 14, 2014.
J. Transport Impact Analysis for Grow Community Phase II Addendum Update
dated February 9, 2014.
K. Third Party Traffic Review Comments, Response from RTC & the City date
stamped May 8, 2014.
06/19/14
EXHIBIT LIST
Grow Community
SPRA13551C — CUP13551 — SUB13551 B
SUBA13551 B — BLA13551 C
Staff Contact: Public Hearing: June 19, 2014
Heather Beckmann Location: City Hall
Associate Planner
Hearing Examiner: Stafford L. Smith
NO,
DOCUMENT DESCRIPTION
DATE
L. Design Review Board Minutes, April 7, 2014 Regular Meeting.
M. HDDP Checklist date stamped October 23, 2013.
N. Grow Community Phase II, Site Plan Review Amendment, Subdivision &
Conditional Use date stamped April 25, 2014.
O. Tree Assessment by Katy Bigelow dated September 20, 2013.
P. RTC Transportation Consulting Parking Analysis date stamped April 30,
2014
Q. Design Review Board Design Guidelines Checklist -Multi-Family Design
Guidelines for R-8 & R-14 zoning districts — date stamped October 23, 2013.
R. Design Review Board Design Guideline Checklist — Commercial and Mixed -
Use Design Guidelines for All Zoning Districts date stamped October 23,
2013
S. Grow Community Site Plan Review Power Point Presentation Excerpt from
February 9, 2012 Special Planning Commission Meeting.
T. Department of Public Works — Operations & Maintenance Binding
Commitment Limited Reservation for Water and Sewer System Capacity
date stamped October 23, 2013.
U. DRAFT DRB minutes from March 5, 2014.
13
Davis Studio Architecture Comments Letter
04/04/2014
(Received)
14
MDNS
05/27/2014
Dated
15
Notice of Public Hearing and Certification of Distribution
05/30/2014
(Published)
16
Planning Commission Minutes
05/22/2014
(Dated)
17
Project Report
06/13/2014
(Dated)
18
Comment Letter from Jacobsen
05/19/2014
(Dated)
19
RTC Traffic Impact Analysis
03/03/2014
Dated
20
PowerPoint Presentation - Applicant
06/19/2014
(Dated)
21
PowerPoint Presentation - City
06/19/2014
(Dated)
22
Declaration of Easement
10/09/2012
(Dated)
06/19/14