RES NO. 2019-21 WALLACE WAY COTTAGES FINAL SUBDIVISIONWallace Cottages Final Plat PLN50589 FSUB Page 1 of 8
De
Date: August 9, 2019
To: Heather Wright, Interim Director
From: Kelly Tayara, Senior Planner
Project: Wallace Way Cottages Final Plat
File Number: PLN50589 FSUB
Applicant: Wallace Cottages LLC
PO Box 2879
Poulsbo, WA 98370
Request: Final approval of a 19-lot subdivision
Location: Wallace Way. A portion of the NE ¼, NE ¼ and SE ¼, NE ¼, Sec. 27, T. 25 N R. 2E, W.M.
The Wallace Way Cottages preliminary subdivision was approved by the Hearing Examiner on July 25,
2018, subject to the conditions below. The final plat application was reviewed in compliance with BIMC
2.16.160: The City Engineer reviewed the final subdivision to determine compliance with legal
requirements and recommends approval. The Kitsap Public Health District and Bainbridge Island Fire
District reviewed the final subdivision and recommend approval. The Department of Planning and
Community Development evaluated compliance with the conditions imposed on the preliminary
subdivision and other applicable ordinances.
As annotated in bold font, the conditions are satisfied, and final plat approval is recommended.
EXHIBIT A
Wallace Cottages Final Plat PLN50589 FSUB Page 2 of 8
SEPA Condition
1. To mitigate recreation and transportation impacts, the perimeter of the northern open space shall
be fenced and provide a gate which is located proximate to Wallace Way. To avoid adverse
aesthetic impact, appropriate materials which afford visual access to the open space (e.g., picket
fence rather than chain link) shall be used, and the fence shall be four feet in height.
Fencing is financially assured in lieu of completion.
Project Conditions
2. The project must conform to the Housing Design Demonstration Project (HDDP) program Tier II
requirements (BIMC 2.16.020.Q).
A. The project must provide at least two affordable housing units, as defined in the Municipal Code
(BIMC 18.36).
B. The project must achieve LEED, BuiltGreen 4 or Evergreen Sustainable certification.
C. The project must provide homes no greater than 1,600 square feet in size.
D. The project shall substantially conform to the Innovative Site Development category scoring, as
determined by staff, and shall provide and maintain the following:
1) At least 16 percent of the lot area as open space which is well designed and integrated part
of the project
2) A neighborhood garden which is 1,140 square feet in size, at a minimum
3) 20 percent or less turf in private yard areas
4) At least 60 percent native or drought-tolerant plants
5) A number of vehicle charging stations serving a minimum of three percent of the vehicle
parking capacity of the subdivision: The stations shall be accessible to all homeowners in
the subdivision and shall be shown on the civil plan.
6) Covered bicycle parking for 10 bicycles, at a minimum. The bicycle parking shall be held in
common and shall be shown on the civil plan. Additionally, a bike rack serving four
bicycles, at a minimum, must be located in the northern open space.
Open space areas total 18 percent of the lot area, incorporating a neighborhood garden which is
4,000 square feet in size. Bicycle facilities are financially assured in lieu of completion, and
compliance with planting requirements is verified prior to occupancy permit on individual lots. This
condition is noted on the final plat. Lots 16 and 17 are designated as affordable housing. The
Applicant will install electric vehicle charging stations on each lot of the subdivision.
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.
This condition is noted on the final plat.
Wallace Cottages Final Plat PLN50589 FSUB Page 3 of 8
4. 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.
This condition is noted on the final plat.
5. 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.
The Open Space Management Plan meets the requirements of BIMC 17.12, is referenced on the
final plat, and is required to be recorded with the plat.
6. In addition to the open space fencing required in Condition 1 above, the open space boundaries
common to lots 7 and 8 shall be fenced.
Fencing is financially assured in lieu of completion.
7. Open Space fencing shall be installed on or installation financially assured prior to final plat
approval. The fencing must be maintained in perpetuity and required locations of fencing shall be
noted on the face of the plat.
Fencing is financially assured in lieu of completion and fencing location is shown on the plat.
8. Lot coverage of 35 percent shall be allocated between the lots as proposed and noted on the face of
the plat, except: The final plat shall reflect a modest reduction in the per-lot allocation to provide
lot coverage for open space buildings (e.g., garden shed, picnic shelter, covered climbing structure).
Lot coverage is allocated on the face of the plat as follows: 1,000 square feet of the total lot
coverage is allocated to open space and the balance is allocated between the lots, in compliance
with this condition.
9. 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 5 feet
Building to right-of-way or vehicular access easement Minimum 10 feet
Building to Open Space Minimum 10 feet
The preliminary plat staff report to the Hearing Examiner stated that the required on-site building
setback was 10 feet. Ordinance No. 2017-02 changed the building to building setback language to:
“0 feet, or minimum required by the fire code, whichever is greater.” Ordinance No. 2017 -02
became effective on March 8, 2017, which was prior to the submission of the Applicant’s
complete application and prior to preliminary plat approval by the Hearing Examiner.
Under BIMC 2.16.125.K and BIMC 2.16.160.I, the Director is authorized to make minor changes to
an approved preliminary long subdivision regarding homesite locations, which includes correction
of the noted setback requirements to accurately reflect the relevant requirements of the City
Code. Under BIMC 2.16.160.H, the City Council can approve the final subdivision with minor
modifications recommended by the Department and the Applicant. The minor change to the
noted building to building setbacks are noted and depicted on the face of the final plat as follows:
Wallace Cottages Final Plat PLN50589 FSUB Page 4 of 8
Building to building Minimum 0 feet*
Building to exterior subdivision boundary line Minimum 5 feet
Building to right-of-way or vehicular access easement Minimum 10 feet
Building to Open Space Minimum 10 feet
*Subject to Building Official and Fire Marshal building permit approval.
10. The final plat shall 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 is required prior to occupancy.
The Fire Marshal finds that the preliminary plat conditions are met and recommends approval of
the final plat.
11. The final plat shall comply with the following conditions of the City Survey Manager:
A. A boundary line adjustment between Parcel 272502-1-023-2005 and Parcel 272502-1-022-2006
will be completed before final plat.
B. Right-of-way and roadway plans connecting to Madison Avenue are dependent on approval of
the boundary line adjustment and subsequent right-of-way dedication by others.
C. City utilities and related facilities located outside of dedicated right-of-way will require a
separately recorded easement agreement with the recording information noted on the face of
the final plat.
D. Easement agreements with the City will be prepared using the City’s template with the legal
description and map prepared by a licensed land surveyor.
The City Survey Program Manager finds that the preliminary plat conditions are met and
recommends approval of the final plat.
12. The Applicant shall comply with the following conditions, to the satisfaction of the City Engineer:
A. Unless specifically exempted in these conditions or otherwise by the City Engineer, the project
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).
B. 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.
C. In accordance with the provisions of BIMC 2.16.070.N, the City Engineer may accept financial
assurance 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
Wallace Cottages Final Plat PLN50589 FSUB Page 5 of 8
approved by the City within one year of the date of final plat approval. The assurance shall
include preparation of all final plans and documents.
2) Upon completion and the City’s acceptance of facilities, the Applicant shall provide an
assurance device securing the successful performance of improvements.
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.”
D. General
1) Survey monumentation shall be provided consistent with the Standards, Section 8-03.
2) Civil improvement plans ready for construction shall be submitted with an application for a
plat utility permit to COBI for review and approval to construct all necessary infrastructure
serving the divided lots and the offsite improvements proposed in the Developer Extension
Agreement (DEA) application.
3) Separate clearing and grading permits shall be required concurrently with the plat utility
permit issuance to clear and grade the site.
4) No building permits for the newly created lots will be issued until the completion of the civil
improvements or performance bonding is established to cover unfinished work to apply for
final plat.
5) Performance bonding for plat civil improvements shall be released and re-bonded only as
determined by a pre-approved work completion phasing plan to be developed with the plat
utility permit application.
6) As-built civil construction plans stamped by a civil engineer shall be provided by the
Applicant prior to final plat.
E. Facilities Extension
1) The Developer Extension Agreement (DEA) shall be executed at the plat utilities permitting
application phase for the construction of roads and utilities to be inspected and accepted by
the City. All property to be deeded to the City for the extension shall be provided with a
Right of Way Warranty Deed, or, the DEA shall include all underlying property owners as
applicants and the ROW may be dedicated on the face of the plat.
F. Utilities
1) The proposed 8-inch water main extension from Madison Avenue to the Wallace Way NW
right-of-way extension shall be located to allow both a minimum 10 feet of separation of the
water main from the existing sewer main and provide adequate setback from the northern
property line to allow for construction, maintenance, and servicing of the new main. If
additional ROW or easement is required it shall be provided. Alternatively, a looped water
main system may be accomplished by routing the water line in from Wallace Way NW from
Nakata Avenue NW.
2) The water main extension from the Fir Acres Drive ROW at the south end of the project shall
be located within existing or proposed easements and provide a minimum 10 feet clearance
to the edge of the easement.
Wallace Cottages Final Plat PLN50589 FSUB Page 6 of 8
3) A 30-foot ROW shall be dedicated to the City of Bainbridge Island to include the existing
sewer facilities, water, and surface and stormwater facilities from Madison Avenue to the
extension of the Wallace Way NW right-of-way.
4) Easement areas flanking the plat roads will require separate easement documents to be
recorded as they are not within the ROW to be dedicated on the face of the plat.
5) Any and all permanent or temporary construction easements required to install the road
and utility extension, or remove vegetation and disturb ground outside the future ROW
areas shall be secured prior to the execution of the Developer Extension Agreement.
6) Sewer and storm drain improvements along with easements to be dedicated to the City
through and over portions of existing Lot B of short plat SPT 06-07-91-1, also known as the
Extendicare Parcel, are subject to restrictions of an easement with Lot A, also known as the
Hanavan Parcel, of the same plat. The underlying easement agreement shall be amended to
allow for the installation and maintenance of City facilities.
7) The routing of sewer and storm drain improvements through Lots A and B of the Hanavan
Short Plat and the Courtyards at Madison Condominium sites requires a dedicated
easement to the City totaling 20 feet in width to accommodate both the storm and sewer
utilities. Additionally, the easement shall be extended to provide vehicular access for City
maintenance vehicles and equipment from Fir Acres Drive NW through Lot A.
8) Extending the sewer beyond the Hanavan Short Plat lots at the southeast corner to tie into
an existing 8-inch sewer line requires amendment of the existing sewer easement with the
Courtyards on Madison Condominium Association to allow more than 2 residential lots to
connect.
9) The north/south plat access road identified as Loganberry Road NE on the preliminary civil
plans, shall meet the standards of an urban local access street per standard drawing DWG.
7-050 of the Standards, except as noted: The plat access road shall provide two (2) 9-foot
travel lanes for two-way traffic circulation, with 1-foot gutter pans and vertical curbs to
provide a clear curb-curb distance of 20 feet. Sidewalks shall be provided on one side with a
minimum 3-foot wide planter strip. A minimum of 20 feet of right-of-way for the road
section and 10-foot easements on either side shall be dedicated to the City to provide a
combined 40 feet of ROW and easement dedication for access and utilities.
10) The east/west plat access road extension of Wallace Way NW shall meet the standards of an
urban local access street per standard drawing DWG. 7-050 of the Standards, except as
noted. The plat access road shall provide two (2) 9-foot travel lanes for two-way traffic
circulation, with 1-foot gutter pans and vertical curbs to provide a clear curb-curb distance
of 20 feet. Sidewalks shall be provided on one side. A minimum of 30 feet of right-of-way
for the road section and sidewalk shall be dedicated to the City.
G. Stormwater
1) A Stormwater Pollution Prevention Plan (SWPPP) prepared by a civil engineer licensed in the
State of Washington is required prior to construction activities including clearing or grading
or civil improvements for all phases of the project that complies with BIMC 15.20.
2) A final stormwater report shall be submitted detailing compliance with all applicable
minimum requirements as required by BIMC 15.20, prepared by a civil engineer licensed in
the State of Washington.
Wallace Cottages Final Plat PLN50589 FSUB Page 7 of 8
3) On-site Best Management Practices for soil management and Low Impact Development shall
be employed consistent with the Stormwater Management Manual for Western
Washington (SWMMWW) BMP T5.13 for surfaces not converted to hard surfaces after
construction.
4) Prior to final plat submittal, the Applicant shall submit an operation and maintenance plan
for the on-going maintenance of the storm drainage system.
5) All on-site stormwater facilities shall remain privately owned and maintained. The owner(s)
shall be responsible for maintenance of the storm drainage facilities for this development
following construction. Annual inspection and maintenance reports shall be provided to the
City. A Declaration of Covenant for stormwater system operation and maintenance will be
required to be recorded before final plat submittal. The approved language for the
Declaration of Covenant is found in BIMC Chapter 15.21, Exhibit A.
6) A hydrologic and hydraulic analysis must be performed to demonstrate that the future
build-out conditions from the site combined with the existing offsite drainage tributary to
the storm drain system will not exceed the capacity of the existing or proposed storm drain
system in Madison Avenue North. Where the existing capacity of the system is insufficient,
the project shall mitigate on-site to match the existing 100-year storm flows leaving the
project site, or, upgrade the storm system to provide the needed capacity as defined below.
7) The capacity analysis shall include an assessment of all backwater effects on the existing
system up Madison Avenue North. The design storm for capacity analysis is a 25-year storm
event. The 25-year hydraulic grade line (HGL) shall be below the rim elevations of all
drainage structures. The 100-year storm event shall be shown to not overtop the crest of
any roadways.
8) Clearing and grading of the site may not begin until the storm drain extension to Madison
Avenue is completed. A sediment pond shall be provided sized handle the peak 10-year
flow until the time the storm drain capacity upgrades in Madison Avenue are performed.
Once upgrades are performed the on-site sediment pond storage requirement may be
reduced to the standard 2-year peak flow per the Department of Ecology SWMMWW BMP
C241: Temporary Sediment Pond.
H. Permitting
1) In addition to a clearing and/or grade and fill permit, a right-of-way (ROW) construction
permit will be required prior to any construction activities within the existing right-of-way.
The ROW permit will be subject to separate conditions and bonding requirements.
2) Application for a final plat shall require binding water and sewer availability letters from the
City.
3) The proposed action(s), phased or concurrent, in their totality would result in more than
one (1) acre of earth disturbance on the site and drain to waters of the State. A
Construction Stormwater General Permit shall be obtained from the Washington State
Department of Ecology and the site shall be monitored for discharge of pollutants and
sediment to the wetlands and stream for the duration of the project. No land clearing or
construction permits shall be issued prior to obtaining the State permit.
Except for the facilities financially assured in lieu of completion, all utility extensions (water
lines, sewer lines, storm drains) and road and sidewalk extensions have been constructed to
completion. As-built record drawings have been provided to the City. The final operation and
maintenance manual for stormwater facilities has been submitted. All necessary dedications
Wallace Cottages Final Plat PLN50589 FSUB Page 8 of 8
to the City will be completed with the recording of the final plat. Access and utility easements
will be recorded prior to the plat and the assigned auditor file numbers will be written on the
face of the plat for recordation. The City Development Engineer finds that the preliminary
plat conditions are met and recommends approval of the final plat.
13. The following conditions shall be noted on the face of the final plat: Conditions 2; 3; 4;
reference to open space plan and requirements in Conditions 1; 5; 6 and 7; 8; 9; applicable
portions of 13.
The applicable conditions are noted on the final plat.
EXHIBIT B
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Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 1 of 24
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of ) No. PLN 50589 SUB
)
David Smith, Central Highlands, Inc. ) Wallace Cottages Housing Design
) Demonstration Project Subdivision
)
) FINDINGS, CONCLUSIONS,
For Approval of a Preliminary Plat ) AND DECISION
SUMMARY OF DECISION
The request for a preliminary plat to subdivide four lots, totaling approximately 2.5 acres, into 19
lots, as a Tier 2 Housing Design Demonstration Project, at Wallace Way, between Madison
Avenue and Nakata Avenue, is APPROVED. Conditions are necessary to mitigate specific
impacts of the proposed development.
SUMMARY OF RECORD
Hearing:
The Hearing Examiner held an open record hearing on the request on April 20, 2018. At the
outset of the hearing, Stephen Crampton entered into the record a claim of ownership of a
portion of the property submitted by the Applicant for subdivision. Following a recital of
applicable law by the Hearing Examiner, including an expression of concern about the
advisability of processing the application if property ownership is disputed, the Applicant
conceded that the property claimed by Mr. Crampton would be transferred to him so that the
hearing could continue without a disputed ownership claim. The Hearing Examiner issued a
Memorandum on Adverse Possession Claim to the Applicant, Mr. Crampton, and to the City of
Bainbridge Island (City), dated April 23, 2018, requesting that these parties resolve the claim of
ownership. The parties notified the Hearing Examiner that a settlement agreement has been
reached, and the City determined that the application should be approved without further
modification of conditions.
As a separate action, the City subsequently determined that some properties were inadvertently
omitted from the original notice of application, SEPA comment period, and notice of public
hearing. The City provided additional public notice, and the hearing was continued to July 11,
2018, to take testimony from those who had not been notified of the initial hearing.
Testimony:
The following individuals testified under oath at the initial April 20, 2018, open record hearing:
Kelly Tayara, Associate City Planner
David Smith, Applicant
EXHIBIT D
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 2 of 24
Stephen Crampton
Doug Hotchkiss
Steve Matthews
Venera Di Bella Bar les
Debbie Hollyer
Attorney Hayes Gori represented the Applicant
The following individuals testified under oath at the July 11, 2018, open record hearing:
Kelly Tayara, Associate City Planner
Peter Corelis, P.E., City Development Engineer
Sanjay Bhatt
Stephanie Farwell
Steve Matthews
Stephen Crampton
Barbara Hotchkin
Kevin Curran
Loanne Harmeling
Attorney Hayes Gori represented the Applicant
Exhibits:
The following exhibits were admitted into the record:1
1. Staff Recommendation, dated July 3, 2018
2. Preliminary plat maps
a. Draft homeowners’ association agreement (Sheet 1 of 7), dated April 18,
2017
b. Legal descriptions (Sheet 2 of 7), dated April 18, 2017
c. Minimum Building Separation and Setbacks (Shee t 3 of 7), dated April
18, 2017
d. Revised preliminary plat (Sheet 4 of 7), dated April 10, 2018
e. Revised preliminary plat (Sheet 5 of 7), dated April 10, 2018
f. Revised preliminary plat (Sheet 6 of 7), dated April 10, 2018
1 As part of the continued July 11, 2018, hearing, City staff made changes to the exhibit list
presented at the April 20th hearing: The revised Staff Recommendation is now listed as Exhibit 1,
rather than Exhibit 27. The land use application is now listed as Exhibit 11, rather than Exhibit 1.
The Notice of Application and SEPA Comment Period is now added to Exhibit 23, rather than
Exhibit 11. The Notice of Public Hearing is now part of Exhibit 23, rather than Exhibit 26.
Additional public notice material has been added to Exhibit 23. The Hearing Examiner
Memorandum regarding an Adverse Possession Claim is now Exhibit 26. The Crampton
Settlement Agreement is now Exhibit 27. An email from Stephen Crampton to PCD, dated April
19, 2018, is Exhibit 28. The April 12, 2018, Staff Recommendation is now Exhibit 29.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 3 of 24
g. Revised preliminary plat (Sheet 7 of 7), dated April 10, 2018
3. Utility plans
a. Utility Plan (C1 - 1 of 5)
b. Utility Plan – South (C2 - 2 of 5)
c. Wallace East Plan, Profile & Sections (C3 - 3 of 5)
d. Loganberry Rd Plan, Profiles & Sections (C4 - 4 of 5)
e. L.I.D. Site Assessment Plan (C5 – 5 of 5)
4. Preliminary Utility Report, Seabold Engineering, LLC, dated April 26, 2017
5. Landscape Plan, revised April 12, 2018
6. Traffic Impact Analysis, Heath & Associates, Inc., dated July 2017
7. Lot Closures, Job No. 17-6173, dated January 17, 2018
8. Subdivision Guarantee, First American Title, received April 9, 2018
9. Open Space Management Plan, Central Highlands, Inc., dated April 10, 2018
10. Environmental SEPA Checklist , with staff response, dated April 20, 2017
11. Master Land Use Application, received April 27, 20017; with Owner/Agent Agreement,
dated December 5, 2016
12. Ordinance 2018-04, Duane Lane Right -of-Way Vacation, effective March 6, 2018
13. Public Benefit, Development and Permit Processing Agreement (Ohrt, CCHD, Mattis,
and City), dated March 15, 2018
14. Public Benefit, Development and Permit Processing Agreement (Central Highlands,
Wallace, Madison, and City), dated March 16, 2018
15. Madison Avenue Access Agreement (Ohrt, Madison Landings Company, CCHD, Central
Highlands, and Wallace Cottages), dated March 16, 2018
16. Developer Agreement Map, undated
17. BIMC 2.16.020.Q; Tables 2.16.020.Q-1, Q-2 and Q-3 (Source: Ord. 2016-27)
18. Letter from Kelly Ta yara to Central Highlands, Inc., dated April 6, 2017; with City
Preliminary Notification of Qualification, undated, with attachments
19. Wallace Cottages – Vision Statement , with attachments; Built Green Single-
Family/Townhome New Construction Checklist, received April 27, 2017
20. Table 2.16.020.Q-3 Innovative Site Development Scoring Method, with staff scoring,
undated
21. Memo from Assistant Chief Luke Carpenter, Fire Marshal, to Kelly Tayara, dated May
17, 2017
22. Memorandum from Peter Corelis, P.E., to Kelly Tayara, dated March 7, 2018
23. Public Notices
Notice of Mitigated Determination of Nonsignificance (MDNS), issued March 22, 2018
Notice of Application and SEPA Comment Period; with Certificate of Posting, dated
June 6, 2017
Notice of Public Hearing, dated March 30, 2018; with Memorandum from Kelly Tayar a
to Jane Rasely regarding hearing notice, dated March 19, 2018; with Affidavit of Notice
24. Public comments
a. Submitted May 11, 2017 – April 10, 2018
b. Submitted after April 10, 2018
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 4 of 24
25. Planning Commission Regularly Scheduled Meeting Minutes, Thursday, February 8,
2018; Planning Commission Regularly Scheduled Meeting Minutes, Thursday, February
22, 2018
26. Hearing Examiner Memorandum re: Adverse Possession Claim, dated April 23, 2018
27. Settlement Agreement, signed by Stephen Crampton and David Smith, dated May 11,
2018
28. Email from Stephen Crampton to PDC, dated April 18, 2018
29. Staff Recommendation, dated April 12, 2018
30. Memorandum from Kelly Tayara to the City of Bainbridge Island Hearing Examiner,
dated May 25, 2018
31. Written comments of Sanjay Bhatt, presented at hearing on July 11, 2018
32. Planning Commission Regularly Scheduled Meeting Minutes, Thursday, February 8,
2018; Planning Commission Regularly Scheduled Meeting Minutes, Thursday, February
22, 2018, with attachments
33. Written comments of Steve Matthews, with attached news article, presented at hearing on
July 11, 2018
The Hearing Examiner enters the following findings and conclusions based upon the testimony
at the open record hearing and admitted exhibits:
FINDINGS
Application and Notice
1. David Smith, Central Highlands, Inc. (Applicant), requests approval of a preliminary plat
application to subdivide four lots, totaling approximately 2.5 acres, into 19 lots, as a Tier
2 Housing Design Demonstration Project.2 The development is located at Wallace Way,
between Madison Avenue and Nakata Avenue.3 Exhibit 1, Staff Recommendation, page
1; Exhibit 2; Exhibit 3; Exhibit 5.
2. The City of Bainbridge Island (City) determined the application was complete on May
30, 2017.4 Since this date, the City has adopted a Landmark Tree Ordinance, as well as a
2 The proposed project is one of a group of developments that are the subject of four agreements
between the City and two developers. In addition to Wallace Cottages, the agreements involve
Madison Gr ove, Madison Place, The Reserve at Winslow, the Winslow Grove (all subdivisions), and
Madison Landing (a multifamily project). Exhibit 1, Staff Recommendation, page 2.
3 The preliminary plat identifies the property by Tax Assessor Parcel Nos. 272502-1-023-2005;
272502-1-153-2007; 272502-1-154-2006; and 272502-1-155-2005. A legal description of the
property is provided on the preliminary plat map. Exhibit 1, Staff Recommendation, page 2;
Exhibit 2.b.
4 The City gave the Applicant preliminary notification that the project qualified for the Housing
Design Demonstration Project Program on April 6, 2017. Exhibit 27, Staff Recommendation, page
5.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 5 of 24
building moratorium, which the City determined do not apply to this application. The
City issued a combined Notice of Application/SEPA Comment Period, with a publication
date of June 2, 2017, and a comment deadline of June 16, 2017. The Planning
Commission held a public meeting on February 22, 2018. The City issued a Notice of
Public Hearing with a publication date of March 30, 2018. Because some properties were
inadvertently omitted from the original notice and comment period, the City issued a
combined Notice of Application/SEPA Comment Period and Public Hearing on June 1,
2018, with a comment deadline of June 15, 2018. Exhibit 1, Staff Recommendation,
pages 5 and 9; Exhibit 23.
Prior to the meeting of the Planning Commission on February 22, 2018, the City received
numerous comment s. These included expressions of opposition to making Wallace Way
a two-way street between Grow Avenue and Madison Avenue North, opposition to
vacating Duane Lane, and opposition to extending Wallace Way NW east of Nakata. The
Planning Commission passed a motion that recommended denial of the Wallace Cottages
proposal status as a HDDP project, stating that the proposal is not consistent with the
Co mprehensive Plan or the goals and purposes of the HDDP. The Planning Commission
noted concerns with the proposal, including traffic impacts, public safety impacts on
surrounding neighborhoods resulting from the proposed traffic access from Wallace Way
NW to Grow Avenue, tree retention issues, and lack of suitable open space. In response
to the concerns expressed by the Planning Commission, the City planning staff
determined that open space regulations would not apply to a HDDP project and that tree
retention in open space is not required. The Applicant addressed the concern of the
Planning Commission about traffic impacts by entering into agreements t hat provide
access solely from Madison Avenue North. This action occurred before the open record
hearing on the application and before additional notice of that hearing was given by the
City. Exhibit 1, Staff Recommendation, pages 6 through 10; Exhibit 12 through 15;
Exhibit 24; Exhibit 25.
State Environmental Policy Act
3. The City acted as lead agency and analyzed the environmental impacts of the proposal, as
required by the State Environmental Policy Act (SEPA), Chapter 43.21C Revised Code
of Washington (RCW). The City reviewed the Applicant’s environmental checklist and
other information on file and determined that the proposal would not have a probable
significant adverse impact on the environment. The Applicant’s Environmental Checklist
did not identify any birds, mammals, or fish as observed or known to be on or near the
site. The City identified birds on or near the site, but noted that no threatened or
endangered species are known to be on or near the site. No critical areas, such as
wetlands or steep slopes, were identified.
The City issued a Notice of Mitigated Determination of Nonsignificance (MDNS) on
March 22, 2018, with a comment and appeal deadline of April 5, 2018. On June 26,
2018, the City issued a Notice of Withdrawal of Mitigated Determination of
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
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Nonsignificance and New SEPA MDNS, with a comment and appeal deadline of July 10,
2018. To mitigate recreation and transportation impacts, the MDNS contains a condition
requiring construction of a four-foot-high fence, with a gate, along the perimeter of the
northern open space. No appeals of the SEPA threshold determination were filed.
Exhibit 1, Staff Recommendation, page 5; Exhibit 10; Exhibit 20.
Comprehensive Plan and Zoning
4. The proposed residential lots are located in the Urban Comprehensive Plan designation.
The property is within the Winslow Master Plan Secondary Study Area. City staff
identified Comprehensive Plan goals and policies that are relevant to the proposal,
including Land Use Element Goal LU-5, to focus urban development in designated
centers, and Goal LU-6, to ensure a development pattern that reduces the conversion of
undeveloped land into sprawling development . Additional goals and policies identified
by the City include: Housing Element Goal HO-6 (to facilitate diverse affordable housing
stock); Transportation Element Goal TR-8 (to consider the special needs of neig hborhood
safety, pedestrian and bicycle facilities, transit use and facilities, and traffic flow in the
development of transportation improvements that affect neighborhoods); and Cultural
Element Goal CUL-3 (to preserve places where the Island’s history can be experienced,
interpreted, and shared with the general public). Exhibit 1, Staff Recommendation, pages
4 and 5.
5. The property is split-zoned, with the proposed residential lots located in the residential
portion R-4.3 zone. A flagpole portion of existing tax Lot 272502-1-023-2005 extends as
access east to Madison Avenue North within the City’s Mixed Use Town Center-
Madison Avenue Overlay District (MUTC-MAD). The municipal code includes Table
18.12.020-1, identified as the Flexlot Subdivision Dimensional Standards for Residential
Zone Districts, with a minimum lot size of 5,000 square feet . It requires a minimum lot
width of 50 feet; a base density of one lot per 10,200 square feet; a maximum lot
coverage of 25 percent; building to building (on-site) setbacks at a minimum of 10 feet;
building to exterior subdivision boundary line setbacks of five feet; a building to right-of-
way setback of 10 feet; and a building to Open Space setback of 10 feet. Exhibit 1, Staff
Recommendation, pages 2, 3, 7, 13, 14, and 21.
6. The purpose of the Mixed Use Town Center zone is to implement the Mixed Use Town
Center sections of the comprehensive plan. The Mixed Use Town Center is intended to
strengthen the vitality of downtown Winslow as a place for people to live, shop, and
work; to provide a strong residential component in the area; and to encourage a lively
community during both the day and night. Bainbridge Island Municipal Code (BIMC)
18.06.030.A. The purpose of the Madison Avenue overlay district is to provide for a mix
of residential and small-scale nonresidential development. Within the Madison Avenue
overlay district, all retail and office development must include a residential component.
Retail development is permitted only on the ground floor . Resident ial development is
only required for buildings greater than one story in height. BIMC 18.06.030.A.3. All
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single-family residential subdivisions are subject to design under the City’s Flexible Lot
design requirements in Titles 17 and 18 BIMC. The City determined that the proposal is
subject to the City’s Open Space Standards (BIMC 17.12.030), General Residential
Subdivision Standard (BMC 17.12.040), and Flexible Lot Dimensional Standards (BIMC
Table 18.12.020-1). BIMC 2.16.020.Q provides that development standards in BIMC
Titles 17 and 18 may be modified as part of a Housing Design Demonstration Project
(HDDP). Single-family use is permitted in the R-4.3 zone. Adjacent properties are
within the Urban Comprehensive Plan designation with properties to the north, east, and
zone within the R-4.3 zone, and properties to the east zoned MUTC-MAD. Exhibit 1,
Staff Recommendation pages 2, 11, and 12.
7. The purpose of the HDDP is to allow the development of housing design demonstration
projects that increase the variety of housing choices available to residents across
underserved portions of the socio -economic spectrum, and to promote compact, low-
impact development where it is most appropriate. The HDDP program is intended to
encourage innovation in building design, site development, and “green” building
practices. The goals of this program are to increase the housing supply and the choice of
housing styles available in the community; to promote socio -economic diversity by
adding to the stock of income-qualified housing; to encourage development of smaller
homes in neighborhoods attractive to a mix of income and age levels; and to demonstrate
that innovative design and building techniques (conserving water and energy, using
sustainably sourced materials, limiting environmental impacts) are compatible with
market considerations. BIMC 2.16.020.Q; Exhibit 1, Staff Recommendation, page 2.
8. Utilizing the HDDP, the Applicant seeks relief from density, setback, lot size, lot
coverage, open space, and road standard requirements that would otherwise apply to a
subdivision of land. City staff determined that the open space requirements in BIMC
17.12.030 would be modified by HDDP incentives, which require that the project
integrate at least 400 square feet of open space per unit in the R-4.3 zone. BIMC
2.16.l020.Q.7.c. The City determined that the effective amount of open space is
approximately 15,000 square feet or 790 square feet per lot. This meets the City’s open
space requirements, as modified by the HDDP program. Exhibit 1, Staff
Recommendation, page 11.
9. A Tier 2 HDDP project in the R-4.3 zone is eligible for a density bonus up to two times
the base density. The project must provide 10 percent of the units as affordable housing,
as defined in BIMC 18.36.030, and density may not exceed base density for the R-8
district . The project must achieve LEED Silver, BuiltGreen 4 or Evergreen Sustainable
Development certification; it must achieve at least 25 points in the Innovative Site
Development category and at least 12 points in the Housing Diversity category; and it
must limit home size to 1,600 square feet. The City determined that the project would
exceed the minimum points in the Innovative Site Development category and that the
open space exceeds the HDDP program requirements. City staff also determined that the
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
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proposed project meets the Housing Diversity requirements, with no residences more
than 1,600 square feet and with a variety of unit types, including duplexes, age-in-place
homes, and two -story residences. Exhibit 1, Staff Recommendation, pages 15, 16, and
17; Exhibit 19; Exhibit 20.
Existing Site
10. The subject property is undeveloped and vegetated with overgrown blackberry bushes
and English ivy, interspersed with native conifer and deciduous trees. The land slopes
evenly at about a 5 percent grade from northwest to southeast. The USDA Natural
Resources Conservation Service maps the site as containing Kapowsin gravely ashy loam
and Kitsap silt loan on the eastern flag lot near Madison Avenue North. Exhibit 1, Staff
Recommendation, page 3; Exhibit 4.
Access, Parking, and Traffic
11. Madison Avenue North would provide access to the proposed subdivision with a road
going west to access Lots 18 and 19, that would then turn south, as Loganberry Road, to
access Lots 1 to 17, ending in the south end as a cul-de-sac. The Applicant would
provide two vehicle parking spaces per dwelling unit.5 Exhibit 1, Staff Recommendation,
page 4; Exhibit 3.a.
12. City Development Engineer Peter Corelis reviewed the proposal and determined that the
streets and pedestrian ways are adequate to accommodate the anticipated increase in
traffic caused by the proposed project . He determined that the east/west plat access road
extension of Wallace Way NW would meet the standards of an urba n local access street.
The plat access road would provide two, nine-foot travel lanes for two -way traffic, with
one-foot gutter pans and vertical curbs to provide a curb-to-curb distance of 20 feet.
Sidewalks would be provided on one side. A minimum 30 feet of right-of-way for the
road section and sidewalk would be dedicated to the City. The City determined that site
distance for the access road exceeds 300 feet in both directions, which is above the
required site distance needed for outbound turns to Madison Avenue North. Exhibit 1,
Staff Recommendation, pages 24; Exhibit 3; Exhibit 22.
13. Heath & Associates, Inc., prepared a Traffic Impact Analysis (TIA) for the Applicant,
dated July 2017. The TIA analyzed three access alternatives: full-access to the west via
Wallace Way NW, full-access to the west and one-way outbound to Madison Avenue
North, and full access to the east to Madison Avenue North. The TIA identified the
5 Duane Lane is adjacent to the north boundary of Madison Landing. The City asserted that Duane
Lane was public right-of-way, and the developer disagreed. The disagreement was resolved by
vacating the Duane Lane right-of-way in exchange for a trail connecting The Reserve at Winslow and
Winslow Grove, in addition to right-of-way dedication along the south boundary of the Madison
Landing project: The right-of-way dedication affords both Wallace Cottages and Madison Landing
access from Madison Avenue. Exhibit 1, Staff Recommendation, page 2.
Findings, Conclusions, and Decision
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
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existing level of service (LOS)6 at seven surrounding intersections, all operating at LOS
C or better. Based on the proposed increase of 19 dwelling units, the TIA determined
that there would be a 181 average weekday daily traffic count, 14 AM peak-hour trips,
and 19 PM peak-hour trips. The TIA noted that, for access to Madison Avenue North,
the 2020 LOS at surrounding intersections would remain at LOS C or better. By 2035,
the PM LOS would drop to LOS D for Madison Avenue North/Wyatt Way NW/NE and
to LOS E for Madison Avenue North and Entrance/Wallace Way NE. The 2015 to 2020
City Capital Improvement Program includes intersection improvements at Madison
Avenue North/Wyatt Way NW, with plans to reconstruct and improve the existing Wyatt
Way segment from Madison Avenue North to Lovell Avenue using either signalization or
a roundabout at the Wyatt Way/Madison Avenue North intersection. The TIA estimated
traffic impact fees for 19 PM trips as $31,016.93. Exhibit 6.
14. Kitsap Transit Routes 90 and 99 offer stops at the intersection of Madison Avenue
North/Wallace Way NW. Routes 93, 95, 97, 98, and 106 also provide stops within one
mile of the proposed site. Exhibit 6.
Trees, Landscaping, and Open Space
15. The Environmental Checklist listed significant trees on site. It identified 12 of 22
Douglas firs to be removed, 1 of 2 Madronas, and 19 of 22 cottonwoods. The Applicant
provided a landscape plan depicting street trees and a planting plan. City staff noted that,
although the Applicant intends to retain trees in designated open spaces, tree retention in
open spaces is not required. The Applicant submitted an Open Space Management Plan
(OSMP) with the application. The Applicant would record a final OSPM with the final
plat and the OSMP would be referenced on the face of the plat. The Applicant would
provide fencing along the perimeter o f the northern open space area and along the open
space boundary common to Lots 7 and 8. Exhibit 1, Staff Recommendation, pages 11, 14,
15, and 21; Exhibit 5; Exhibit 10.
Stormwater
16. The Applicant submitted a Preliminary Utility Report, prepared by Seabold Engineering
LLC, dated April 26, 2017. A small amount of stormwater from adjacent single-family
residential parcels drains toward the project site, which is located within the Kitsap Water
Resource Inventory Area 15. The project parcels do not have any existing storm drainage
conveyance systems. Downhill parcels connect to a drainage system in Madison Avenue
North, which eventually discharges to the south near the shoreline of Eagle Harbor. The
Applicant proposes a storm drainage collection and water quality system for the new
impervious area runoff. Water quality treatment would be provided through a
combination of bioretention swales and cells, roof downspout and footing drain collection
6 Capacity analysis is used to determine level of service (LOS), which is an established measure of
congestion for transportation facilities. The range for intersection level of service is LOS A to LOS F,
with the former indicating the best operating conditions, with low control delays, and the latter
indicating the worst conditions, with heavy control delays. Exhibit 6.
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
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systems, and surface water collection. The proposed stormwater collection system would
connect to the existing storm drain system in Madison Avenue North, including
replacement of approximately 110 feet of storm drain in Madison Avenue North.
Mr. Corelis reviewed the proposal on behalf of the City and determined the proposal
would meet the City’s drainage regulations found in Chapters 15.20 and 15.21 BIMC.
Exhibit 1, Staff Recommendation, page 23; Exhibit 4; Exhibit 22.
17. The Applicant would submit a Stormwater Pollution Prevention Plan prepared by a civil
engineer, licensed in the State of Washington, prior to construction activities, including
clearing, grading, and civil improvements for all phases of the project. Prior to final plat
submittal, the Applicant would submit an operation and maintenance plan for the on-
going maintenance of the storm drainage system. The on-site stormwater facilities would
be privately owned and maintained. The Applicant would provide a sediment pond to
handle the peak 10-year flow until storm drain capacity upgrades in Madison Ave nue
North are performed. Exhibit 1, Staff Recommendation, pages 24 and 25.
Utilities
18. The City has sufficient capacity to serve the plat with water and sewage service. A
proposed eight -inch water main extension from Madison Avenue North to the Wallace
Wa y NW right -of-way would allow a minimum 10 feet of separation of the water main
from an existing sewer main. Alternatively, a looped water main system may be
constructed. The Applicant would dedicate a 30-foot right-of-way for the existing sewer
facilities, water, and stormwater facilities from Madison Avenue North to the extension
of the Wallace Way NW right -of-way. The Applicant would obtain binding water and
sewer availability letters from the City prior to application for a final plat. Exhibit 1, Staff
Recommendation, pages 2, 18, 23, and 25; Exhibit 22.
19. Fire Marshal and Assistant Bainbridge Fire Department Chief Luke Carpenter provided
comments on the proposal, dated May 17, 2017. He no ted that the proposed project must
comply with all provisions of the adopted Fire Code, including: the turning radius of the
proposed cul-de-sac must be not less than 39 feet and there must be a 10-foot private road
width with a five-foot flush sidewalk, but , if the sidewalk is raised, then the road width
must be not less than 12 feet. He stated that the proposed fire hydrant locations are
acceptable at this time. A Fire Marshal’s Office fire flow test would be required prior to
occupancy. Exhibit 1, Staff Recommendation, pages 2, 5, 17, and 21; Exhibit 22.
Schools and Parks
20. The Bainbridge Island School District would serve the proposed subdivision, but it did
not provide any comments. The Applicant would construct an internal sidewalk system
to the existing sidewalk located on Madison Avenue North. Exhibit 1, Staff
Recommendation, page 23; Exhibit 3.c.
Findings, Conclusions, and Decision
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
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Archaeological Resources
21. The Applicant would stop excavation or construction should any historical or
archaeological artifacts be uncovered and immediately contact the City Department of
Planning and Community Development and the Washington State Office of Archaeology
and Historic Preservation. Exhibit 1, Staff Recommendation, pages 20 and 21.
Testimony - April 20, 2018
22. Associate City Planner Kelly Tayara testified that the Comprehensive Plan has been
amended since the date of complete application on May 30, 2017. She testified that
access has been addressed by the City as part of Public Benefit, Development and Permit
Processing Agreements, referencing Exhibits 13, 14, and 15. Ms. Tayara, as the City
Planner, testified to her opinion that Madison Avenue would be the best place for access
to the plat. Testimony of Ms. Tayara.
23. Public testimony was also given at the open record hearing. Doug Hotchkiss asked that
access be provided to Madison Avenue North, not through Nakata Avenue. Steve
Matthews also testified in favor of access from Madison Avenue. Venera Di Bella Barles
asked that Madison Avenue, rather than Nakata Avenue or Wallace Way, be used for
access. Debbie Hollyer testified in favor of a Madison Avenue access. Stephen
Crampton and David Smith, Applicant, testified about Mr. Crampton’s adverse
possession claim. Testimony of Mr. Hotchkiss, Mr. Matthews, Ms. Bartes, Ms. Hollyer,
Mr. Crampton, and Mr. Smith.
July 11, 2018 - Testimony
24. Ms. Tayara testified that she made minor revisions to her previous staff recommendation
for lot area and open space but that no significant changes to her recommendation were
necessary following resolution of an adverse-possession claim. Testimony of Ms. Tayara.
25. Additional public comment was given at the continued open record hearing. Sanjay
Bhatt testified to his concerns about notice of a public meeting. He stated that a
November 2016 pre-applicant meeting7 was held without notice to the Courtyards at
Madison. He also objected to the lack of opportunity to comment on the SEPA MDNS
threshold decision until June 1, 2018. He opined that the City and Applicant responded
7 BIMC 2.16.020.G provides:
1. Subject to certain exemptions, all projects are subject to and must complete the site
assessment review process set forth and in accordance with Chapter 15.19 BIMC, and
projects requiring a preapplication conference have the option of proceeding with the two
processes concurrently. Chapter 15.19 BIMC is designed to ensure that future development
integrates low impact development practices to the maximum extent practicable, as
required by Chapters 15.19and 15.20 BIMC.
2. The preapplication conference is an informal discussion between a potential applicant,
interested citizen s, city staff, and the design review board (if applicable) regarding a
proposed project.
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
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to concerns solely from the Nakata neighborhood and that, as a result, the project was
redesigned with access solely from Madison Avenue North. In his opinion, Nakata area
residents were treated differently than Madison Avenue North residents because they had
an opportunity to express their concerns early in the process. He requested a remand of
the application to the City to reconsider the access point to the proposed plat, including
the use of Wallace Way NW. Testimony of Mr. Bhatt.
26. Stephanie Farwell testified about her concerns with the Planning Commission review
process. She provided the meeting minutes of the February 8 and 22, 2018, Planning
Commission meeting (Exhibit 32), and referenced its motion to deny approval of the
proposed plat .8 Steve Matthews submitted written testimony and testified in support of
access to the Wallace Cottages proposed plat via Madison Avenue North. Barbara
Hotchkin testified to her opinion that the City’s transportation goals and policies in the
Winslow Master Plan do not support a single access point to proposed subdivisions.
Kevin Curran testified that he grew up in the neighborhood when it was a quiet place that
was safe and sound. He stated that he does not want Wallace Way NW extended because
of the increased traffic that it would introduce to the neighborhood. Loanne Harmeling
testified to her opinion that Wallace Way should become a through street in order to help
disperse traffic. Exhibit 32; Exhibit 33; Testimony of Ms. Farwell, Mr. Matthews, Ms.
Hotchkin; Mr. Curran, and Ms. Harmeling.
27. Ms. Tayara responded for the City at the open record hearing. She testified to the City’s
determination that access should not go through the Nakata neighborhood but rather
should be accessed from Madison Avenue North. She testified that the Planning
Commission initially recommended denial because it didn’t want to see access through
the Nakata neighborhood but that, once that issue was resolved, the Planning
Commission supported the proposal. Mr. Corelis testified that he was in favor of
connecting the plat west to Grow Avenue at a preliminary meeting to provide
connectivity but that he changed his mind when considering other factors, including the
impacts of a Wallace Way NW extension. He testified that Madison Avenue North
would be widened in the future and would include a round-a-bout at Wyatt Way. Finally,
he noted that it is City policy to concentrate traffic in arterials, and not to disperse it.
Testimony of Ms. Tayara and Mr. Corelis.
28. Applicant Attorney Hayes Gori stated that , except for a mailing error, it is his legal
opinion that the notice given was reasonable. He also noted that he attended the Planning
Commission meetings and that he corroborated the City staff testimony that, once the
8 Although minutes of Planning Commission meetings were provided for the hearing record for
consideration by the Hearing Examiner, motions passed by the Planning Commission are not final land use
decisions. The City Council has assigned the task of making most final land use to the Hearing Examiner.
BIMC 2.16.020.C.2 provides that quasi-judicial decisions are to be made by the Hearing Examiner. To
render a legally defensible decision, the Hearing Examiner must issue a decision consistent with the
municipal code, state statutes and case law.
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 13 of 24
decision was made to provide access to Madison Avenue North, the Planning
Commission was supportive. He stated for the record that the adverse possession claim
was settled and that such settlement should be noted in the Hearing Examiner’s decision.
Statement of Mr. Gori.
Staff Recommendation
29. City staff reviewed the proposal and determined that the pro posed plat, with 12
conditions, would be consistent with the City’s Comprehensive Plan, municipal code, and
development standards. City staff recommended approval of the application, with
conditions. Exhibit 1, Staff Recommendation, pages 20 through 25; Exhibit 22.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted jurisdiction to hear and decide applications for preliminary
plats under BIMC 2.14.030, and under BIMC 2.16.020.A and .125.G.5. The decision to approve
or deny a housing design demonstration project shall be made as part of the underlying land use
permit review. BIMC 2.16.020.Q.3.e.
Criteria for Review
BIMC criteria for subdivision approval are as follows:
The Hearing Examiner’s decision must include findings of fact that the applic ation meets all the
requirements of the following subsections:
1. The preliminary long subdivision may be approved or approved with modification
if:
a. The applicable subdivision development standards of BIMC Titles 17 and
18 are satisfied; and
b. The preliminary long 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; and
c. The preliminary long 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 BIMC 2.16.020.Q; and
d. Any portion of a long subdivision that contains a critical area, as define d
in Chapter 16.20 BIMC, conforms to all requirements of that chapter; and
e. Any portion of a long subdivision within shoreline jurisdiction, as defined
in Chapter 16.12 BIMC, conforms to all requirements of that chapter; and
f. The city engineer’s reco mmendation contains determinations that the
following decision criteria are met and such determinations are supported
by substantial evidence within the record:
i. The long subdivision conforms to regulations concerning drainage
in Chapters 15.20 and 15.21 BIMC; and
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ii. The long 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; and
iii. The streets and pedestrian ways as proposed align with and are
otherwise coordinated with streets serving adjacent properties; and
iv. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic; and
v. If the long subdivision will rely on public water or sewer services,
there is capacity in the water or sewer system (as applicable) to
serve the long subdivision, and the applicable service(s) can be
made available at the site; and
vi. The long subdivision 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; and
g. 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; and
h. 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 BIMC 2.16.020.Q; Chapters 36.70A and
58.17 RCW; and all other applicable provisions of state and federal laws
and regulations; and
i. The proposal is in accord with the city’s comprehensive plan.
2. 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.
BIMC 2.16.125.H.
In addition to decision criteria required by the underlying planning permit or approval, an
application for a housing design demonstration project may be a pproved if the following criteria
are met:
a. The applicant clearly demonstrates evaluation factors listed in subsection
Q.4 of this section as shown in the housing design demonstration project scoring
system as evaluated by the planning department;
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 does not adversely impact existing public service levels for
surrounding properties;
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
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d. The project complies with all other portions of the BIMC, except as modified
through this housing design demonstration project process;
e. 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; and
f. The applicant is meeting required housing diversity standards.
BIMC 2.16.020.Q.5.
In addition, housing design demonstration project approval conditions must be included in the
final permit approval and must address any ongoing compliance requirements, including
compliance with approved desig n plans. The City may require that the applicant record
covenants to ensure ongoing compliance or maintenance for required project components. BIMC
2.16.020.Q.3.e
The state subdivision criteria, codified at Chapter 58.17 RCW, are as follows:
A proposed subdivision and dedication shall not be approved unless the city, town, or
county legislature body makes written findings that: (a) appropriate provisions are made
for the public health, safety, and general welfare and for such open spaces, drainage
ways, streets or roads, alleys, other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all
other relevant facts, including sidewalks and other planning features that assure sa fe
walking conditions for students who only walk to and from school; and (b) the public use
and interest will be served by the platting of such subdivision and dedication.
RCW 58.17.110(2).
The criteria for review adopted by the City Council are designed to implement the requirement
of Chapter 36.70B RCW to enact the Growth Management Act. In particular, RCW 36.70B.040
mandates that local jurisdictions review proposed development to ensure consistency with City
development regulations, considering the type of land use, the level of development,
infrastructure, and the characteristics of development. RCW 36.70B.040.
Conclusions Based on Findings
1. With conditions, the proposed subdivision would be consistent with Housing Design
Demonstration Projects decision criteria of BIMC 2.16.020.Q. City staff determined
that the Applicant’s proposal exceeds the minimum required scoping for a Type 2 HDDP
project. The project would be BuiltGreen 4, with a variety of home sizes, limited to no
more than 1,600 square feet, thereby meeting the HDDP housing diversity standards. By
using the HDDP approach, smaller residences can be constructed with relief from open
space and setback standards. Adequate access to water, sewage, and other services is
available and would not adversely impact existing public service levels for surrounding
properties. Except for the HDDP project modifications, the proposed project would
comply with all other portions of the BIMC.
Findings, Conclusions, and Decision
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Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 16 of 24
Conditions are necessary including those to ensure compliance with the criteria for
approval in the municipal code, including those to ensure that the Applicant constructs a
four-foot high fence along the perimeter of the northern open space; to ensure that the
project conforms to the HDDP program Tier 2 requirements; to ensure that work will stop
if any historical or archaeological artifacts are uncovered ; to ensure that a final Open
Space Management Plan is recorded with the final plat; to ensure that the final plat will
comply with Fire Marshal conditions; and to ensure that the Applicant will comply with
the recommended conditions of the City Engineer . Findings 1-29.
2. With conditions, the applicable subdivision development standards of Titles
17 and 18 BIMC would be satisfied, as modified by the Housing Design
Demonstration Projects decision criteria as described in Conclusion 1 . The proposed
subdivision would provide common open space through the HDDP modification.
Sidewalks would be provided to connect to Madison Avenue North. Two parking spaces
per unit would be provided to meet the City’s parking standard. As detailed above in
Conclusion 1, conditions are necessary to ensure that the proposal meets all criteria
required for plat approval. Findings 1, 6-21, and 29.
3. With conditions, the preliminary long subdivision makes appropriate provisions for
the public health, safety, and general welfare and serves the public use and interest,
including those items listed in RCW 58.17.110. The City reviewed the proposed
project, including environmental review under SEPA and issued an MDNS, requiring that
the Applicant construct a four-foot-high fence along the perimeter of the northern open
space. The MDNS did not address traffic impacts, a primary concern expressed in public
testimony. Notice of the MDNS was properly given, and a second opportunity to appeal
it was given, yet the MDNS was not appealed. The MDNS was issued on a proposal that,
at the time the second notice was given, included access off of Madison Avenue North.
Members of the public concerned about traffic impacts must be vigilant and diligent in
review of development proposals that may impact them. Traffic impacts are addressed
during environmental review, as well as during permit application review. Yet, if there is
no appeal of the City determination that there will be no significant adverse impacts due
to increased traffic, the review of that issue at the permit application review stage is
constrained. If not appealed, the Hearing Examiner must accept the City determination
that there will be no significant adverse impacts due to increased traffic. There are many
criteria for approval that must be reviewed by the Hearing Examiner when deciding
whether to approve a proposed plat. One is that there must be appropriate provisions for
streets and roads, as required by RCW 58.17.110 (2). The evidence provided by the City
during the open record hearing is that the existing street system can accommodate
increased traffic associated with the proposed plat. Although there was passionate
disagreement with that evidence expressed during the open record hearing, the evidence
does not support a denial of the plat application.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 17 of 24
The Applicant proposes a storm drainage collection and water quality system for the new
impervious area runoff. Water quality treatment would be provided through a
combination of bioretention swales and cells, roof downspout and footing drain collection
systems, and surface water collection. The proposed stormwater collection system would
connect to the existing storm drain syst em in Madison Avenue North. The City has
adequate water and sewer capacity. The Bainbridge Island Fire Marshal reviewed the
project and stated that the Applicant must comply with all provisions of the adopted Fire
Code. Although the Bainbridge Island School District did not provide comments, the
Applicant would provide internal sidewalks that would connect to Madison Avenue
North. As detailed above in Conclusion 1, conditions are necessary to ensure that the
proposal meets all criteria required for plat approval. Findings 1-29.
4. The City engineer’s recommendation contains determinations that the decision
criteria would be met, with conditions, and such determinations are supported by
substantial evidence within the record. The City’s Development Engineer reviewed
the proposed subdivision and determined that the proposed subdivision conforms to
regulations concerning drainage in Chapters 15.20 and 15.21 BIMC; that the proposed
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;
that the streets and pedestrian ways as proposed align with, and are otherwise coordinated
with, streets serving adjacent properties; that the streets and pedestrian ways, as
proposed, are adequate to accommodate anticipated traffic; that there is capacity in the
water and sewer system to serve the proposed subdivision; and that the proposed
subdivision conforms to the “City of Bainbridge Island Engineering Design a nd
Development Standards Manual,” except as noted. As detailed above in Conclusion 1,
conditions are necessary to ensure that the proposal meets all criteria required for plat
approval. The City Development Engineer recommended conditions that have been
included in this decision. Finding 12.
5. With conditions, the proposal would be in accord with the Comprehensive Plan .
The proposed development would focus development in designated centers and would
also facilitate the provision of a diverse affordable housing stock by allowing
development compliant with HDDP criteria, including common open space, green-
building certification, and landscaping along Madison Avenue North. As detailed above
in Conclusion 1, conditions are necessary to ensure that the proposal meets all criteria
required for plat approval. Finding 4.
6. With conditions, the public use and interest would be served by the platting of the
subdivision. The City provided reasonable notice and opportunity to comment on the
proposed preliminary plat. Single-family uses are permitted in the R-4.3 zone. The
proposed subdivision to allow additional housing would be compatible with neighboring
land uses, which are all developed with houses. The Applicant proposes a storm drainage
collection system fo r the new hard surface areas, consisting of driveway, roof downspout
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 18 of 24
and footing drain collection systems, and surface water collection. Water quality
treatment would be provided through a combination of bioretention swales and cells, roof
downspout and footing drain collection systems, and surface water collection. City staff
determined that, with conditions, the proposal would be consistent with all applicable
City, county, and state requirements, including the applicable Comprehensive Plan,
municipal code, and development standards. As detailed above in Conclusion 1,
conditions are necessary to ensure that the proposal meets all criteria required for plat
approval. Findings 1-29.
DECISION
Based on the preceding findings and conclusions, the request to subdivide four lots, totaling
approximately 2.5 acres, into 19 lots, as a Tier 2 Housing Design Demonstration Project , at
Wallace Way, between Madison Avenue and Nakata Avenue, is APPROVED, with the
following conditions:9
SEPA Condition
1. To mitigate recreation and transportation impacts, the perimeter of the northern open space
shall be fenced and provide a gate which is located proximate to Wallace Way. To avoid
adverse aesthetic impact, appropriate materials which afford visual access to the open spac e
(e.g., picket fence rather than chain link) shall be used, and the fence shall be four feet in
height.
Project Conditions
2. The project must conform to the Housing Design Demonstration Project (HDDP)
program Tier II requirements (BIMC 2.16.020.Q).
A. The project must provide at least two affordable housing units, as defined in the
Municipal Code (BIMC 18.36).
B. The project must achieve LEED, BuiltGreen 4 or Evergreen Sustainable
certification.
C. The project must provide homes no greater than 1,600 square feet in size.
D. The project shall substantially conform to the Innovative Site Development
category scoring, as determined by staff, and shall provide and maintain the
following:
1) At least 16 percent of the lot area as open space which is well designed
and integrated part of the project
2) A neighborhood garden which is 1,140 square feet in size, at a minimum
3) 20 percent or less turf in private yard areas
4) At least 60 percent native or drought -tolerant plants
5) A number of vehicle charging stations serving a minimu m of three percent
of the vehicle parking capacity of the subdivision: The stations shall be
9 Conditions include both legal requirements applicable to all developments and conditions to
mitigate the specific impacts of this development.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 19 of 24
shall be accessible to all homeowners in the subdivision and shall be
shown on the civil plan.
6) Covered bicycle parking for 10 bicycles, at a minimum. The bicycle
parking shall be held in common and shall be shown on the civil plan.
Additionally, a bike rack serving four bicycles, at a minimum, must be
located in the northern open space.
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. 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.
5. 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.
6. In addition to the open space fencing required in Condition 1 above, the open space
boundaries common to lots 7 and 8 shall be fenced.
7. Open Space fencing shall be installed on or installation financially assured prior to final
plat approval. The fencing must be maintained in perpetuity and required locations of
fencing shall be noted on the face of the plat.
8. Lot coverage of 35 percent shall be allocated between the lots as proposed and noted on
the face of the plat, except: The final plat shall reflect a modest reduction in the per -lot
allocation to provide lot coverage for open space buildings (e.g., garden shed, picnic
shelter, covered climbing structure).
9. 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 5 feet
Building to right -of-way or vehicular access easement Minimum 10 feet
Building to Open Space Minimum 10 feet
10. The final plat shall 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 is required prior to occupancy.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 20 of 24
11. The final plat shall comply with the following conditions of the City Survey Manager:
A. A boundary line adjustment between Parcel 272502-1-023-2005 and Parcel
272502-1-022-2006 will be completed before final plat.
B. Right-of-way and roadway plans connecting to Madison Avenue are dependent on
approval of the boundary line adjustment and subsequent right -of-way dedication
by others.
C. City utilities and related facilities located outside of dedicated right -of-way will
require a separately recorded easement agreement with the recording information
noted on the face of the fina l plat.
D. Easement agreements with the City will be prepared using the City’s template
with the legal description and map prepared by a licensed land surveyor.
12. The Applicant shall comply with the following conditions, to the satisfaction of the City
Engineer:
A. Unless specifically exempted in these conditions or otherwise by the City
Engineer, the project 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).
B. Public and private improvements, facilities, and infrastructure, on and off the site,
that are required for the subdivision, shall be completed and ha ve final inspection
and approval prior to final plat approval unless the City Engineer accepts an
assurance device in lieu of completion.
C. In accordance with the provisions of BIMC 2.16.070.N, the City Engineer may
accept financial assurity10 in lieu of co mpletion 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 enumerat e 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. The assurity shall include preparation of all
final plans and documents.
2) Upon completion and the City’s acceptance of facilities, the Applicant
shall provide an assurance device securing the successful performance of
improvements.
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
10 The word “assurity” is not found in any dictionary that could be accessed by the Hearing Examiner. It is
assumed the City means “surety” or “bonding”. Conditions recommended by the City, however, are not
altered by the Hearing Examiner unless reason to do so is given at the open record hearing.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 21 of 24
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.”
D. General
1) Survey monumentation shall be provided consistent with the Standards,
Section 8-03.
2) Civil improvement plans ready for construction shall be submitted with an
application for a plat utility permit to COBI for review and approval to
construct all necessary infrastructure serving the divided lots and the offsite
improvements proposed in the Developer Extension Agreement (DEA)
application.
3) Separate clearing and grading permits shall be required concurrently with the
plat utility permit issua nce to clear and grade the site.
4) No building permits for the newly created lots will be issued until the
completion of the civil improvements or performance bonding is established
to cover unfinished work to apply for final plat.
5) Performance bonding for plat civil improvements shall be released and re-
bonded only as determined by a pre-approved work completion phasing plan
to be developed with the plat utility permit application.
6) As-built civil construction plans stamped by a civil engineer shall be prov ided
by the Applicant prior to final plat.
E. Facilities Extension
1) The Developer Extension Agreement (DEA) shall be executed at the plat
utilities permitting application phase for the construction of roads and utilities
to be inspected and accepted by the City. All property to be deeded to the
City for the extension shall be provided with a Right of Way Warranty Deed,
or, the DEA shall include all underlying property owners as applicants and the
ROW may be dedicated on the face of the plat.
F. Utilities
1) The proposed 8-inch water main extension from Madison Avenue to the
Wallace Way NW right -of-way extension shall be located to allow both a
minimum 10 feet of separation of the water main from the existing sewer
main and provide adequate setback from the northern property line to allow
for construction, maintenance, and servicing of the new main . If additional
ROW or easement is required it shall be provided. Alternatively, a looped
water main system may be accomplished by routing the water line in from
Wallace Way NW from Nakata Avenue NW.
2) The water main extension from the Fir Acres Drive ROW at the south end of
the project shall be located within existing or proposed easements and provide
a minimum 10 feet clearance to the edge of the easement.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 22 of 24
3) A 30-foot ROW shall be dedicated to the City of Bainbridge Island to include
the existing sewer facilities, water, and surface and stormwater facilities from
Madison Avenue to the extension of the Wallace Way NW right -of-way.
4) Easement areas flanking the plat roads will require separate easement
documents to be recorded as they are not within the ROW to be dedicated on
the face of the plat.
5) Any and all permanent or temporary construction easements required to install
the road and utility extension, or remove vegetation and disturb ground
outside the future ROW areas shall be secured prior to the execution of the
Developer Extension Agreement.
6) Sewer and storm drain improvements along with easements to be dedicated to
the City through and over portions of existing Lot B of short plat SPT 06-07-
91-1, also known as the Extendicare Parcel, are subject to restrictions of an
easement with Lot A, also known as the Hanavan Parcel, of the same plat .
The underlying easement agreement shall be amended to allow for the
installation and maintenance of City facilities.
7) The routing of sewer and storm drain improvements through Lots A and B of
the Hanavan Short Plat and the Courtyards at Madison Condominium sites
requires a dedicated easement to the City totaling 20 feet in width to
accommodate both the storm and sewer utilities. Additionally, the easement
shall be extended to provide vehicular access for City maintenance vehicles
and equipment from Fir Acres Drive NW through Lot A.
8) Extending the sewer beyond the Hanavan Short Plat lots at the southeast
corner to tie into an existing 8-inch sewer line requires amendment of the
existing sewer easement with the Courtyards on Madison Condominium
Association to allow more than 2 residential lots to connect.
9) The north/south plat access road identified as Loganberry Road NE on the
preliminary civil plans, shall meet the standards of an urban local access street
per standard drawing DWG. 7-050 of the Standards, except as noted: The plat
access road shall provide two (2) 9-foot travel lanes for two-way traffic
circulation, with 1-foot gutter pans and vertical curbs to provide a clear curb-
curb distance of 20 feet . Sidewalks shall be provided on one side with a
minimum 3-foot wide planter strip. A minimum of 20 feet of right -of-way for
the road section and 10-foot easements on either side shall be dedicated to the
City to provide a combined 40 feet of ROW and easement dedication for
access and utilities.
10) The east/west plat access road extension of Wallace Way NW shall meet the
standards of an urban local access street per standard drawing DWG. 7-050 of
the Standards, except as noted. The plat access road shall provide two (2) 9-
foot travel lanes for two -way traffic circulation, with 1-foot gutter pans and
vertical curbs to provide a clear curb-curb distance of 20 feet. Sidewalks shall
be provided on one side. A minimum of 30 feet of right -of-way for the road
section and sidewalk shall be dedicated to the City.
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 23 of 24
G. Stormwater
1) A Stormwater Pollution Prevention Plan (SWPPP) prepared by a civil
engineer licensed in the State of Washington is required prior to construction
activities including clearing or grading or civil improvements for all phases of
the project that complies with BIMC 15.20.
2) A final stormwater report shall be submitted detailing compliance with all
applicable minimum requirements as required by BIMC 15.20, prepared by a
civil engineer licensed in the State of Washington.
3) On-site Best Management Practices for soil management and Low Impact
Development shall be employed consistent with the Stormwater Management
Manual for Western Washington (SWMMWW) BMP T5.13 for surfaces not
converted to hard surfaces after construction.
4) Prior to final plat submittal, the Applicant shall submit an operation and
maintenance plan for the on-going maintenance of the storm drainage system.
5) All on-site stormwater facilities shall remain privately owned and maintained .
The owner(s) shall be responsible for maintenance of the storm drainage
facilities for this development following construction. Annual inspection and
maintenance reports shall be provided to the City. A Declaration of Covenant
for stormwater system operation and maintenance will be required to be
recorded before final plat submittal. The approved language for the
Declaration of Covenant is found in BIMC Chapter 15.21, Exhibit A.
6) A hydrologic and hydraulic analysis must be performed to demonstrate that
the future build-out conditions from the site combined with the existing offsite
drainage tributary to the storm drain system will not exceed the capacity of the
existing or proposed storm drain system in Madison Avenue North. Where
the existing capacity of the system is insufficient, the project shall mitigate
on-site to match the existing 100-year storm flows leaving the project site, or,
upgrade the storm system to provide the needed capacity as defined below.
7) The capacity analysis shall include an assessment of all backwater effects on
the existing system up Madison Avenue North. The design storm for capacity
analysis is a 25-year storm event. The 25-year hydraulic grade line (HGL)
shall be below the rim elevations of all drainage structures. The 100-year
storm event shall be shown to not overtop the crest of any roadways.
8) Clearing and grading of the site may not begin until the storm drain extension
to Madison Avenue is completed. A sediment pond shall be provided sized
handle the peak 10-year flow until the time the storm drain capacity upgrades
in Madison Avenue are performed. Once upgrades are performed the on-site
sediment pond storage requirement may be reduced to the standard 2-year
peak flow per the Department of Ecology SWMMWW BMP C241:
Temporary Sediment Pond.
H. Permitting
Findings, Conclusions, and Decision
City of Bainbridge Island Hearing Examiner
Wallace Cottages HDDP and Preliminary Plat, No. PLN 50589 SUB
Page 24 of 24
1) In addition to a clearing and/or grade and fill permit, a right -of-way (ROW)
construction permit will be required prior to any construction activities within
the existing right -of-way. The ROW permit will be subject to separate
conditions and bonding requirements.
2) Application for a final plat shall require binding water and sewer availability
letters from the City.
3) The proposed action(s), phased or concurrent, in their totality would result in
more than one (1) acre of earth disturbance on the site and drain to waters of
the State. A Construction Stormwater General Permit shall be obtained from
the Washington State Department of Ecology and the site shall be monitored
for discharge of pollutants and sediment to the wetlands and stream for the
duration of the project . No land clearing or construction permits shall be
issued prior to obtaining the State permit.
13. The following conditions shall be noted on the face of the final plat: Conditions 2; 3; 4;
reference to open space plan and requirements in Conditions 1; 5; 6 and 7; 8; 9;
applicable portions of 13.
DECIDED this 25th day of July 2018.
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center
EXHIBIT E
Page 1 of 8
PUBLIC BENEFIT, DEVELOPMENT AND PERMIT PROCESSING AGREEMENT
(Central Highlands, Wallace, Madison, and City)
THIS PUBLIC BENEFIT, DEVELOPMENT AND PERMIT PROCESSING
AGREEMENT (“Agreement”) is made and entered into by and between the City of Bainbridge
Island, a Washington municipal corporation (“City”), Central Highlands Inc., a Washington
corporation (“Central Highlands”), Wallace Cottages, LLC, a Washington limited liability
company (“Wallace”), and Madison Place, LLC, a Washington limited liability company
(“Madison”) (each a “Party” and together the “Parties”). The effective date (“Effective Date”)
of this Agreement shall be the date of complete execution hereof.
RECITALS
A. Central Highlands and Wallace are proposing a 19-lot preliminary plat subdivision
(Project No. PLN50589 SUB) located on tax parcels 27250210232005, 27250211552005,
27250211542006, and 27250211532007 (“Wallace Cottages”). Wallace Cottages is
proposing to obtain access from the existing right-of-way located at the intersection of
Nakata Ave NW, Wallace Way NW, and Taurnic PL NW (“Wallace Cottages Wallace
Way Access”). The homeowners in the community adjacent to the Wallace Cottages
Wallace Way Access objected to authorizing access through their neighborhood and
requested that Central Highlands find a way to obtain primary access from Madison
Avenue (“Wallace Cottages Madison Avenue Access”). The Wallace Cottages property
includes a lot that connects to Madison Avenue but the portion of that property that
connects to Madison Avenue is only 15 feet wide and therefore is not wide enough to
provide the desired Wallace Cottages Madison Avenue Access.
B. Central Highlands and Madison are proposing an 18-lot preliminary plat subdivision
(Project No. PLN50892 SUB) located on tax parcel 27250210602009 (“Madison
Place”).
C. Mattis Consulting Group LLC, a Washington limited liability company (“Mattis”), is the
consulting company working with DeNova Northwest LLC, a Washington limited
liability company (“DeNova”) regarding its approved 12-lot preliminary plat subdivision
(Project No. PLN50622 SUB) located at 7340 Finch Road NE (“The Reserve at
Winslow”).
D. CCHD LLC, a Washington limited liability company (“CCHD”), is the consulting
company working with Gary and Susan Ohrt, a married couple (“Ohrt”), the applicants
for the proposed 8-lot Madison Grove subdivision (Project No. PLN50667 SUB)
(“Madison Grove Project”) and the forthcoming townhouse project (PLN50879SPR)
(“Madison Landing”). Both the Madison Grove Project and Madison Landing will occur
on property located between Madison Avenue N. and Nakata Avenue NW in the City of
Bainbridge Island. The Madison Grove subdivision is planned to include tax parcels
27250211262001, 27250211402003, 27250211412002, and 27250212142004 (“Madison
Grove Property”). Madison Landing is planned to include tax parcels 27250210662003,
27250210212007, and 27250210222006 (“Madison Landing Property”).
EXHIBIT F
Page 2 of 8
E. Ohrt is a party to a purchase and sale agreement for the purchase of Kitsap County parcel
no. 27250210222006 (the “Vet Clinic Property”), which is the southernmost lot of the
Madison Landing Property. Ohrt anticipates closing on the Vet Clinic Property on March
21, 2018. Ohrt anticipates conveying the Madison Landing Property to Madison
Landings Inc., a Washington corporation (“Madison Landings Company”).
F. The City, Ohrt, CCHD, and Mattis are parties to that certain Agreement for Improvement
to Public Trail and Processing of Vacation of Disputed Street, dated December 1, 2017
(the “Trail Connection Agreement”). The Trail Connection Agreement was entered
into, in part, to resolve a dispute between the parties thereto regarding whether a right-of-
way (the “Disputed Street”) exists on the Madison Grove Property. Among other things,
the Trail Connection Agreement provides that the City would process a street vacation
for the Disputed Street and, in exchange, Ohrt, CCHD, and Mattis would waive their
potential claims against the City and Ohrt would construct certain public trail
improvements which would result in a continuous public trail system between Sportsman
Club Road and Weaver Road (“Public Trail Connection”), which trail would include a
bridge over Hirawaka Creek.
G. The City approved the street vacation in City Ordinance No. 2018-04 (“Vacation
Ordinance”) within the initial time required by the Trail Connection Agreement but, in
doing so, imposed a condition on the vacation. The ordinance provides that the vacation
is effective upon the satisfaction of the following condition: “The vacation of [the
Disputed Street] is conditioned upon the grant of a right-of-way consisting of the south
15 feet of parcel number 272502-1-022-2006.” In imposing the condition, the City
Council indicated that the public benefit related to the vacation of Duane Lane would best
be served if Ohrt granted sufficient right-of-way to allow Central Highlands and Wallace
to achieve the Wallace Cottages Madison Avenue Access described in Recital A above.
H. Central Highlands, Wallace, and Madison are entering into this Agreement to resolve the
City’s concerns and the neighbors’ concerns regarding the Wallace Cottages Wallace
Way Access, as well as mitigate their losses and provide for certain assurances regarding
the processing of permits and for clear permit processing timelines for Wallace Cottages
and Madison Place.
I. Central Highlands and Wallace are entering into a separate agreement with Ohrt,
Madison Landings and CCHD titled “MADISON AVENUE ACCESS AGREEMENT”
and dated March 16, 2018 (“Madison Avenue Access Agreement”). The Madison
Avenue Access Agreement is intended to achieve the construction and use of the Wallace
Cottages Wallace Way Access.
J. Ohrt, Madison Landings, CCHD, and Mattis are entering into another separate agreement
with the City titled “PUBLIC BENEFIT, DEVELOPMENT AND PERMIT
PROCESSING AGREEMENT” dated March 15, 2018 (“Ohrt Permit Processing
Agreement”), in order to effectuate the vacation of the Disputed Street and resolve and
fully consummate the Trail Connection Agreement, as well as to mitigate their losses and
provide for certain assurances regarding the processing of permits and for clear permit
processing timelines for Madison Grove, The Reserve at Winslow, and Madison Landing.
Page 3 of 8
K. The City is entering into this Agreement and the Ohrt Permit Processing Agreement to
achieve certain public benefits, including the completion of the Public Trail Connection,
the release of potential claims by Ohrt, CCHD, Mattis, Central Highlands, Wallace, and
Madison, and to achieve the Wallace Cottages Madison Avenue Access desired by the
City and the neighborhood.
L. The Parties are entering into this Agreement to set forth the terms and conditions under
which the issues described above shall be resolved to their mutual satisfaction.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and considerations set forth
below and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Madison Avenue Access. Pursuant to the Madison Avenue Access Agreement,
Central Highlands, Wallace, CCHD, Ohrt, and the Madison Landings Company have agreed to
process a boundary line adjustment to incorporate the eastern panhandle portion of Kitsap
County parcel no. 272502-1-023-2005 (approximately the eastern 240 feet thereof) (the
“Panhandle”) into the Vet Clinic Property, and CCHD, Ohrt and the Madison Landings
Company have agreed to grant a thirty (30) foot right-of-way (the “ROW Property”) over the
south boundary of the Vet Clinic Property (as enlarged by inclusion of the Panhandle via the
boundary line adjustment). The City shall process a boundary line adjustment prior to the
vacation of the Disputed Street, which shall incorporate into the Madison Landing Property those
portions of Kitsap County parcel no. 272502-1-126-2001 and 272502-1-214-2004 that are zoned
Madison Avenue District (“Duane Lane BLA Property”). The boundary line adjustments
involving the ROW Property and the Duane Lane BLA Property may be included in the same
application or applications submitted together. Prior to the vacation of the Disputed Street and
prior to or after the dedication of a right-of-way on the ROW Property, the City shall allow
Madison Landing to include the ROW Property and the Duane Lane BLA Property in its
calculation of the floor area ratio for Madison Landing. The City agrees that the ROW Property,
once dedicated, shall be sufficient to serve both Wallace Cottages and Madison Landing, and no
additional right-of-way shall be required for the Madison Landing project. The City shall not
require stormwater detention related to the ROW Property to occur within the ROW Property or
within the Madison Landing Property; provided that a bioretention system may be located within
the portion of the roadway located on the ROW Property. The City shall require setbacks no
greater than 7.5 feet on the Madison Landing Property from the ROW Property and from any
right-of-way along the north boundary of the Madison Landing Property. If the applicant applies
for a variance to authorize a 5-foot setback from such adjacent rights-of-way, then the City shall
support such variance application throughout the City’s variance processing procedures.
2. City Confirmation Regarding Vested Rights. The City hereby confirms that the
City’s Moratorium Ordinance (Ord. No. 2018-05, as amended by Ord. No. 2018-09) and the
City’s newly adopted Critical Areas Ordinance (Ord. No. 2018-01) do not and will not apply to
Wallace Cottages and Madison Place, and future building permits related thereto, because
pursuant to state law said projects became vested to the applicable regulations in effect at the
time of submitting a complete preliminary plat application and/or complete building permit
Page 4 of 8
applications, as applicable. The City further confirms that the projects described in this Section 2
shall remain vested despite any revisions resulting from actions necessary or convenient to
provide the Wallace Cottages Madison Avenue Access.
3. City Waiver of Transportation Impact Fees. The City shall waive and not require
any payment of transportation impact fees associated with Wallace Cottages.
4. City Permit Processing. The City shall process the permits and approvals for the
following projects as stated in this Section 4. All review times stated below shall commence on
the later of the execution date of this Agreement, submittal date, or resubmittal date.
Important Note: Regarding the timelines to follow in this Section 4:
The City’s commitments (including timelines) are predicated on timely submittal of complete
new or revised documentation from the applicant. City staff do not control the recommendations
or action that will be taken by the Planning Commission or the Hearing Examiner, including the
availability of those bodies for meetings and the number of meetings those bodies regard as
necessary as part of their consideration of subject projects.
a. Wallace Cottages.
i. Within seven (7) days after the execution of this Agreement, City staff
will communicate to the Planning Commission that this Agreement
has been executed and that terms in the Agreement could potentially
affect the Planning Commission’s consideration regarding the Wallace
Cottages project, to the extent that the Commission’s decision was
based on concerns about access to Madison Avenue.
ii. City staff will schedule a preliminary plat hearing date with the
Hearing Examiner as soon as practicable and shall make best efforts to
schedule such hearing no later than May 4, 2018.
iii. Public Works review and comments including bond quantity amounts,
permit fees, and related matters shall be ready within fourteen (14)
days of the Hearing Examiner’s preliminary plat decision and shall
allow construction to start as soon as possible upon the City obtaining
the required bonds, fees, and agreements. However, if the Hearing
Examiner’s decision includes conditions that require changes to the
civil improvement drawings, the 14-day period will commence at the
time of resubmittal of the revised civil improvement drawings to the
City. The City shall allow construction to start as soon as possible
upon the City obtaining the required bonds, fees, and agreements.
iv. The City shall complete its reviews and provide its response to the
applicant for all building permits submitted for lots within Wallace
Cottages within thirty (30) days of submission of a fully completed
building permit application. The City shall complete its reviews and
provide its response to the applicant within fourteen (14) days of
receiving from the applicant a response to a correction notice.
Page 5 of 8
b. Madison Place.
i. Following the execution of this Agreement, City staff will schedule the
Madison Place project for Planning Commission consideration at the
Planning Commission’s April 26, 2018, meeting, subject to Planning
Commission availability.
ii. The City (Public Works) shall complete review of civil drawings and
provide comments to the applicant within fourteen (14) days of
submittal. The City shall complete its reviews and provide its response
to the applicant within fourteen (14) days of receiving from the
applicant a response to a correction notice.
iii. The City will schedule a preliminary plat hearing date with the
Hearing Examiner as soon as practicable and shall make best efforts to
schedule such hearing no later than May 18, 2018.
iv. Public Works review and comments including bond quantity amounts,
permit fees, and related matters shall be ready within fourteen (14)
days of the Hearing Examiner’s preliminary plat decision and shall
allow construction to start as soon as possible upon the City obtaining
the required bonds, fees, and agreements. However, if the Hearing
Examiner’s decision includes conditions that require changes to the
civil improvement drawings, the 14-day period will commence at the
time of resubmittal of the revised civil improvement drawings to the
City. The City shall allow construction to start as soon as possible
upon the City obtaining the required bonds, fees, and agreements.
v. The City shall complete its reviews and provide its response to the
applicant for all building permits submitted for lots within Wallace
Cottages within thirty (30) days of submission of a fully completed
building permit application. The City shall complete its reviews and
provide its response to the applicant within fourteen (14) days of
receiving from the applicant a response to a correction notice.
5. Severability. If any clause, sentence, paragraph, section, or part of this Agreement
shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment
shall be confined in its operation to the controversy in which it was rendered and shall not affect
or invalidate the remainder of any part of this Agreement and to this end the provisions of each
clause, sentence, paragraph, section, or part of this Agreement are hereby declared to be
severable.
6. Relationship to Other Agreements. The default by Ohrt, Madison Landings,
and/or CCHD under the Madison Avenue Access Agreement shall not excuse the performance of
an obligation under this Agreement, including, without limitation, the City’s obligation to make
best efforts to schedule the Hearing Examiner hearings for Wallace Cottages and Madison Place
on or before the specified dates, subject to the Hearing Examiner’s availability.
7. Cooperation. The Parties agree to cooperate and work together in good faith and
without delay to take the actions and issue the approvals described in this Agreement.
Page 6 of 8
8. Attorneys’ Fees. In any court proceeding brought to enforce or interpret this
Agreement, the substantially prevailing party (as determined by the court) shall recover from the
other party its costs and reasonable attorneys’ fees, including costs and fees on appeal.
9. Governing Law. This Agreement shall be governed and interpreted in accordance
with the laws of the State of Washington. In any action brought to enforce or interpret the
provisions of this Agreement, venue shall be exclusively in Kitsap County Superior Court.
10. Time. Time is of the essence for all provisions of this Agreement.
11. Headings. The headings contained in this Agreement are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Agreement.
12. Binding Effect. This Agreement shall be binding on and inure to the benefit of the
parties and their respective successors and assigns.
13. Entire Agreement; Amendment. This Agreement represents the entire agreement
of the Parties and supersedes any prior communications, written or oral. This Agreement is the
product of negotiation and shall not be construed against either party as the drafter hereof. No
amendment, modification, or waiver of any rights hereunder shall be binding unless in writing
and signed by the party or parties potentially adversely affected hereby.
14. Counterparts. This Agreement may be executed in any number of counterparts, all
of which taken together shall constitute one instrument.
15. Authority. Each party signing this Agreement, whether signing individually or on
behalf of an entity, represents that he/she has full authority to sign this Agreement on behalf of
himself/herself or such entity.
16. Calculation of Time. Unless clearly stated otherwise in this Agreement, all
references to days shall be to calendar days, not business days.
17. Notices. All notices, requests, and other communications that may be or are
required to be given hereunder or with respect hereto shall be in writing and shall be given by
overnight delivery service and by electronic mail, and shall be deemed to have been given on the
next day following the date such notice was sent by overnight delivery service. Such notices,
requests, and other communications shall be addressed as follows:
If to Central Highlands, Wallace, or Madison:
Hayes Gori
Law Office of Hayes Gori, PLLC
271 Wyatt Way NE, #112
Bainbridge Island, WA 98110
Phone: 206-842-6462
Email: hayes@hayesthelawyer.com
With a copy via email to:
Page 7 of 8
David Smith
Email: smithhouse4@comcast.net
If to City:
Joe Levan
City Attorney, City of Bainbridge Island
280 Madison Ave. N
Bainbridge Island, WA 98110
(206) 780-8622
Email: jlevan@bainbridge.wa.gov
With a copy via email to:
Doug Schulze
City Manager, City of Bainbridge Island
Email: dschulze@bainbridgewa.gov
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