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HomeMy WebLinkAbout07/17/02 AGENDA FILE 239 4~h Stree~ · gremedon~ WA 98337 · ~hone {360) 478-5280 · [~x {3601 g78-5251 CITY COUNCIL MEETING AGENDA JULY 17, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA - There are no Consent Agenda items this week 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Closed Record Decision Hearing for Preliminary Plat and Planned Unit Development PL01-0039 "Larson PUD"; Applicant: Rick Larson (#AB02-140) 9. ADJOURNMENT OF MEETING E-maih citycouncit@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us PUBLIC SAFETY BOND ISSUE PROJECT SUMMARY FACT SHEET Police Department A. Provide new Public Safety Building to house the Police Department and Municipal Court -Purchase of US Bank Building 1,000,000 -Remodel of building 4,200,000 -Equipment for building 500,000 B. Purchase of 5 new patrol cars. Increase the City's current fleet of patrol cars. -Purchase and equipment of 5 cars 250,000 C. Special Operations Facility - remodel an existing City building to house 250,000 the Police Dept. undercover Special Operations Group. Fire Department A. Replace 70 year old downtown Fire Station #1 -Construction of new station 3,800,000 B. Purchase of three new fire trucks; one for each station to replace 20 year old trucks. ($450,000 each) 1,350,000 C. Purchase new ladder truck to replace the 30 year old ladder truck 800,000 D. Upgrade Fire Department equipment 829,000 TOTAL BOND ISSUE $12,979,000 If approved by the citizens of Bremerton, the $12.979 million public safety bond will be issued in 2003. For the individual homeowner whose property is valued at $100,000, this equates to $4.90 per month in 2003 property taxes decreasing to $2.74 per month in 2027. PUBLIC SAFETY BOND ISSUE SIGNIFICANT DATES July 3, 2002 Council Study Session July 12, 2002 Poll Results July 17, 2002 Resolution placing Public Safety Bond issue on the ballot (or 7/24) presented to Council August 2, 2002 Last day for filing resolutions for special elections held in conjunction with the primary with County Auditor August 5, 2002 Last day to submit statements for Voters Pamphlet The City must formally appoint a committee to prepare a statement advocating the voters' approval of the measure and formally appoint a committee to prepare a statement advocating the voters' rejection of the measure. The statements shall not exceed 200 words. August 6, 2002 County Auditor submits draft back to committee for verification August 7, 2002 Appeal due if the statement is rejected by the Auditor August 8, 2002 Rebuttals to the statements "for" and "against" must be submitted to the Auditor and may not exceed 75 words August 28, 2002 Absentee ballots available for Primary Election 67.4% of voters in Kitsap County have permanent absentee ballots September 17, 2002 Primary Election AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Council Approval of Preliminary Plat and Planned Unit Development The Hearing Examiner FOR AGENDA OF: July 17! 20?2 has recommended approval of a Preliminary Plat and Planned DEPT. OF ORIGIN: DC.[~ Unit Development entitled "Larson PUD." A decision by the ORIGINATOR: Chris Huqo, Director City Council is required to approve the application. DATE SUBMITTED: July 3, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS' o Preliminary Plat/PUD Operations C~mm.: ENDORSEMENT__ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR .......... ~' COUNCIL PRESIDENT ~f--~'-'C, ,, 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Hearing Examiner has recommended conditional approval of a 20 unit preliminary PUD and 20 lot preliminary plat that was submitted by Rick Larson on June 22, 2001. The site is located at the southwest corner of the intersection of Sylvan Way and Rickey Road. The Hearing Examiner has recommended approval, subject to 24 conditions. The City procedural ordinance indicates that the Hearing Examiner decision constitutes a recommendation to the City Council, and that approval must be considered at a closed record decision hearing. Neither the applicant nor any other party of record has requested reconsideration or otherwise expressed concern with regard to the Hearing Examiner's recommendation with regard to this matter. 5. RECOMMENDATION: Move to either:* 1) approve and adopt the Hearing Examiner's findings and recommendation; 2) modify and approve the findings and recommendation; or 3) reject the Hearing Examiner's recommendation and deny the proposal as originally submitted. *Note: In rare circumstances it may be appropriate to remand for a further hearing or clarification before the Hearing Examiner. In order to proceed in this fashion, the applicant must be in agreement with the proposal to remand and must waive any rights to a hearing and/or decision within applicable time requirements. 6. RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: Christopher R. Hugo EXPIRATION DATE: REVIEW DATE: PULLED TABLED APPROVED DISAPPROVED AME COUNCIL DIRECTIVE:' DATE: v 8. AGENDA BILL NO.' ~- J~L) / 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: Approval of the plat will allow construction of twenty town house units within the City. Failure to approve the Preliminary Plat and PUD may be contrary to law and will deny the city of the resulting housing units. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed preliminary plat and PUD will create no significant operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance State Subdivision Statute (RCW 58.17) File Site Visits CITY OF BRE1MERTON DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Issue Dat~ 2/2{)/02 Preliminary Plat and Planned Unit Development ("Larsons' Plat") SUMMARY 1. Applicant: Rick Larson P.O. Box 726 Port Orchard, WA 98366 2. Location: Southwest corner of the intersection of Sylvan Way and Rickey Road 3. File #: PLO 1-0039 4. Zoning Classification: SF-2 (1-8 Units Per Acre) 5. Comprehensive Plan Designation: LDR (Low Density Residential) 6. Assessor Account #: 022401-3-024-2001 PROJECT DESCRIPTION ~ The applicant is seeking Preliminary Plat and Planned Unit Development (PUD) approval to allow construction of 20 dwelling units on the 4.4 acre site. The units will be contained in five separate, two-story buildings, each of which will contain four units. The Preliminary Plat is proposed to allow creation of individual "zero lot line" lots for each unit. A Category III wetland having an area of approximately 36,000 square feet is located at the south west portion of the site. This wetland is to be retained and protected by a 50 foot butter and 15 foot building setback, resulting in the developed area being approximately the north half of the property. A smaller, low-value wetland having an area of less than 2500 square feet is located in the northerly portion of the site, which is proposed to be filled. Access to a majority of the units (16) will be provided by way ora 30 foot wide private road that gains access from Rickey road. No direct access is proposed from Sylvan Way. The density o£the proposal is 4.5 units per acre. SURROUNDING ZONING AND LAND USE The site is zoned SF-2, which allows a density of from 1 to 8 units per acre. Zoning to the north is MF (Residential Medium Density) and DR (Residential Low Density). Existing land uses to the north consist of single family residences and a mobile home development. Zoning to the South is SF-2. Single family residences are located to the south of the site. Zoning to the East is both SF-3 (3 to 8 units per acre) and MR (Residential High Density - 8 to 44 units per acre). Land uses to the east consist of both single family residences, multi-family residential development, and an assisted living complex. Zoning to the west is SF-2. Several single family residences adjoin the site at the southerly half of the west property boundary (adjacent to the Page 1 of 6 wetland area). The property adjacent to the north half is presently undeveloped, although a public hearing will be held by the Bremerton Hearing Examiner on February 20, 2002 to consider a Rezone (from SF-2 to SF-3) and 12-lot Preliminary Plat on the adjoining property. If that application is approved, three single family residences and a "drainage lot" will adjoin the site on the west. SITE CHARACTERISTICS The 4.4 acre site slopes gradually ~rom north to south, and is wooded. The wetland on the southerly portion of the site has been described by a consultant as a "forested wetland." It is fed by a seasonal swale that enters the property near the center of the westerly property line. There is approximately 300 feet o£ frontage along Sylvan Way, and 637 feet along Rickey Road. Access to all proposed lots and units is proposed from Rickey Road. SEPA STATUS A Determination of Nonsignificance was issued for this proposal on February 14, 2002, pursuant to WAC 197-11-355. While no comments or appeal has been received to date, the appeal period for the DNS extends through March 1, 2002. It is requested that the record be kept open through March 5, 2002 to allow for the possibility of an appeal. No responses were received to the Notice of Application that was issued for this project on January 9, 2002. That Notice made reference to the SEPA comment process addressed in WAC 197-11-355. CRITERIA FOR DECISION The City of Bremerton has not adopted a subdivision ordinance. Preliminary Plats are therefore processed pursuant to RCW 58.17. Section 21.02.340 through 21.02.570 of the Bremerton Municipal Code (BMC) address the PUD process. The compliance of this application with specific provisions of that code will be addressed in the findings stated below. Chapter 21.22 of the BMC constitutes the "Critical Lands Ordinance." FINDINGS OF FACT -- PUD 1. A "Pre-Submittal Meeting" was conducted regarding the application on November 8, 2000. At this meeting, the extent of wetlands, fire code compliance, road frontage improvements, utilities, storm water control, wetland buffers, and general zoning compliance were discussed. An interpretation was made by a staff member that "zero lot line" units would be allowed pursuant to a PUD, but four-plexes per se would not be allowed. 2. The application was submitted on June 22, 2001. The application was referred to the departments of Engineering, Public Utilities, and Fire. A letter of Conditional Water and Sewer Availability was issued by the Department of Public Works and Utilities on January 23,2001. 3. The "Neighborhood Meeting" addressed in Section 21.02.370 was waived by the Director of the Department of Community Development inasmuch as the application and applicable fees were accepted for processing by the Department on June 22.2001 without such a meeting having taken place. The current Director has affirmed this waiver. Page 2 of 6 4. Section 21.02.480, BMC specifies the General Development Standards applicable to a PUD. These standards address location, design, uses, how the proposal integrates with the surrounding land uses, accommodation of traffic, availability of services, and other factors. That section stipulates that a PUD application may be approved if it is found that it conforms to those criteria. 5. Section 21.02.490, BMC specifies "Special Development Standards" applicable to a PUD application. These standards address parcel size, perimeter and interior setbacks, height of structures, open space, circulation, screening of facilities, architectural issues, and service improvements. 6. The applicant has provided elevation drawings, a floor plan, and a landscaping plan that address required design issues and how the proposal will interface with land uses in the vicinity. 7. As indicated above, the underlying SF-2 zoning allows a density range of from 1 to 8 units per acre. The proposed density is 4.5 units per acre on a gross basis and approximately 5.5 units per acre exclusive of wetlands area. 8. Approximately 3 acres of the 4.4 acre site will be retained as open space. 9. A Preliminary Storm Drainage Report which is dated January 23, 2001 was prepared for the application by WestSound Engineering, Inc, is part of the record. This report addresses site conditions, soils information, proposed storm water control improvements, water quality mitigation, and other technical information. 10. A Wetland Analysis Report which is dated September 18, 2000, was prepared for the site by Wiltermood Associates, Inc. This report addresses wetland areas on the property and makes recommendations regarding retention and protection of certain wetlands. 11. Section 21.22, BMC constitutes the City Critical Lands Ordinance. 12. The applicants have proposed a trail connecting the internal roadway with the southerly portion of the site. This trail parallels the wetland buffer and connects to Rickey Road near the south property line. FINDINGS OF FACT - PRELIMINARY PLAT 1. The application for Preliminary Plat was submitted concurrently with the PUD application on June 22, 2001. 2. The plat details a total of 20 lots in five clusters, utilizing the zero lot line concept to allow separate ownership of each of the 20 units proposed. The lots range in size from 1,600 to 2,800 square feet of lot area. These lots are designed to provide for small front and rear yards in addition to the building footprint. Page 3 of 6 3. A private, 30-foot internal road is proposed to provide access to 16 of the lots/units, therefore no dedication of roads is contemplated. CONCLUSIONS 1. The proposed Planned Unit Development and Preliminary Plat is in conformance with the underlying SF-2 zone and the Bremerton Comprehensive Plan. 2. Approval of the Planned Unit Development and Preliminary Plat, subject to the conditions articulated below, is necessary for the preservation and enjoyment of the substantial property right of the petitioner and incorporates appropriate provisions for the public health, safety, and general welfare, as required by RCW 58.17.110(2). 3. The public use and interest will be served by approval of the Preliminary Plat/PUD 4. The subject application is generally consistent with the General Development Standards specified in Section 21.02.480 of the Bremerton Municipal Code. 5. The application is consistent with the Specific Development Standards specified in Section 21.02.490. 6. The wetland delineation prepared by Wiltermood and Associates and the proposed wetland buffer appear to be consistent with the requirements of Chapter 21.22, BMC. 7. The public use and interest will be served by approval of the application, subject to the conditions stated below. 8. The indicated wetland buffer and construction setbacks appear to be consistent with the provisions of Chapter 21.22, BMC, including the "setback averaging" proposed adjacent to the southerly structure. 9. The proposed trail is in general compliance with the requirements of Section 21.02.490, BMC (Specific Development Standards) insofar as open space improvements are concerned. RECOMMENDED CONDITIONS OF APPROVAL Based upon the Findings and Conclusions articulated above, it is recommended that the Preliminary Plat and Planned Unit Development entitled "Larson's Plat" be approved, subject to the following conditions: Page 4 of 6 1. All conditions specified in the Conditional Water and Sewer Availability Letter dated January 23, 2001 shall be adhered to prior to final plat/PUD approval. 2. All requirements of the Department of Engineering and Public Works shall be adhered to including, but not limited to requirements pertaining to frontage improvements for sidewalk, curb, gutter, and street lighting, storm drainage, water and sewer lines. 3. All applicable requirements of the Bremerton Fire Department be adhered to including, but not limited to those conditions specified regarding the Pre-Submittal Meeting conducted on November 8, 2000. Those conditions address provision of fire flow and hydrants, fire access, visible address numbers, street signage, fire sprinklers, and alarm system, and smoke detectors. 4. All proposals of the applicant shall be considered conditions of approval unless in conflict with provisions of the Bremerton Municipal Code. 5. All applicable provisions of RCW 58.17 and Sections 21.02.430 through 21.02.570 of the BMC shall be adhered to and, when appropriate incorporated into the final PUD/Plat. 6. The applicants or their successors-in-interest shall establish a Homeowners' Association to provide for maintenance of the private road, commonly owned areas, and storm drainage facilities in keeping with applicable City and State law. This association shall be fully established prior to recording of the final plat and/or PUD. 7. Prior to final approval, a name shall be assigned to the Plat/PUD that is consistent with the requirements of the City/County emergency services system requirements and other applicable regulations. 8. All water lines including those for irrigation and fire flow shall conform to backflow/cross connection regulations to avoid contamination of the public water system. 9. Due to the nature of the proposed construction (i.e. zero lot line units), more stringent building and fire codes will apply to the project. All such requirements must be adhered to and addressed at the time of Building Permit submittal. 10. Implementation of the Landscape Plan prepared by Heins Site Design and date-stamped December 14, 2001 shall be a condition of approval. Said plan shall be incorporated into the Final PUD submittal in a manner Page 5 of 6 consistent with all applicable requirements of Chapter 21.02.700, BMC and shall either be fully installed and inspected of the subject ora suitable Performance Assurance Device prior to issuance of an occupancy permit for the project. 11. All applicable provisions of' the Bremerton Critical Lands Ordinance (Chapter 21.22, BMC) shall be adhered to and incorporated into the final PUD/Plat, project design and construction. 12. The Final PUD submittal shall incorporate an "Open Space Guarantee" pursuant to Section 21.02.510. 13. The driveways for lots 18 and 19 shall be combined on the final plat/PUDas reflected on the Craig Baldwin letter dated December 13, 2001.\ 14. Storm drainage and erosion/sedimentation control shall meet the requirements of theWashington State Department of Ecology Stormwater Management Manual for Puget Sound. Page 6 of 6 ME MORANDUM TO: Robin Baker, Hearing ~aminer(~ FROM: Jim Svensson, Plan~~ SUBJECT: Larson PUD/Plat DATE: March 11, 2002 At the conclusion of the February 27, 2002 public hearing on the Larson PUD/Plat, you raised a number of concerns with regard to how certain provisions of the Bremerton Municipal Code applied to the application and requested staff input. According to my notes, there were four issues for which you requested clarification. They were: perimeter setbacks, dedication of internal streets, ability of roads to serve the project, and wetlands mitigation. I will address them below: Perimeter Setbacks. Section 21.02.490 specifies minimum perimeter setbacks as related to building height. There was a question with regard to the perimeter setback on the north project boundary, adjacent to Sylvan way. The Engineer for the applicant indicated that they had regarded the Sylvan frontage as a "side yard." I have reviewed the code and determined that street frontage defines a "front yard", which requires a 20 foot setback if the building height does not exceed 25 feet. I recall that the elevations and testimony from the Engineer indicated that the building height will not exceed 25 feet. The site plan indicates a total setback from the northerly property line of approximately 34 feet, well in excess of the minimum required. Dedication of Internal Streets. Section 21.02.490(e)(1) states..."All streets and fights-of-way shall be dedicated, designed and constructed in accordance with the City's adopted street standards." The question arose as to whether the "private road" depicted on the Larson site plan must be dedicated, pursuant to this code provision. I sought input from the Department of Public Works with regard to this question. I have attached a copy of an E-mail from Luke Korpi which indicates that the Department recommends that the road be regarded as a private street, developed to City street standards, subject to a Road Maintenance Agreement, and NOT dedicated to the City. I would submit that one of the incentives for using the PUD process is to allow flexibiliw for internal roadway standards and the opportunity for common ownership to maintain them. It is possible that those who drafted the ordinance used the terms..."dedicated, designed and constructed" to imply that such roads must be "clearly provided, designed, and constructed" in a manner that clearly provides an acceptable level of access, not necessarily turned over to the City. In any case, the Department of Public Works does not wish to have this road be dedicated. Ability of Existing Streets to Serve Proposal. You have pointed out that Section 21:02.480(c) requires that a determination be made that...'Whe traffic generated by the PUD shall be accommodated safely and within the adopted Levels of Service for affected streets." The attached E-mail from Luke Korpi addresses this determination. Wetlands Mitigation. Section 21.22.230(a)(6) states in part that...'Whe Director shall exclude Type III wetlands less than 2,500 square feet...from the provisions of this chapter, provided the applicant provides monetary compensation to mitigate for such wetland loss." The code further indicates that compensation is to be based upon a certain formula and held in a designated mitigation fund, to be used for future wetland creation, restoration and/or enhancement projects Memorandum to Robin Baker Page Two or acquisition of wetland sites for public purposes. The small wetland to be filled is under 2,500 square feet, according to the Wiltermood analysis that is part of the file. A check with the City Budget Director has revealed that there is no such fund established, and no program in place through which to direct such funds. Section 21.22.260(b)(2) addresses "restoration or enhancement as an alternative to replace wetland loss..." I have contacted the Engineer for the project, who has contacted the project wetland consultant. It appears that some sort of "enhancement" within the wetland buffer for the larger on-site wetland may be an appropriate alternative to monetary compensation for mitigation. While there is no actual precedent for this approach, according to the current staff, I suggest that if the Examiner determines that mitigation is in order, a condition could be attached to project approval requinng an appropriate level of enhancement on the site. I hope that the above adequately addresses those concerns regarding this application for which you requested staff input. If not, feel free to contact me. Enclosure: Luke Korpi E-mail of March 11 CC: Craig Baldwin, PE ~ J~m Svensson - Larson PUD Pa e From: Luke Korpi To: Svensson, Jim Date: 3/11/02 11:04AM Subject: Larson PUD Jim, Here is our response to your memo, prepared by Paul and slightly edited by me. As Ms. Baker requested here is my wdtten response to the 2 code provisions in Section 21.02.490 of the Code and identified in Jim Svensson's's's memo. c) The traffic generated by the PUD shall be accommodated safely and within the adopted LOS for the affected streets. The transportation Element. of Bremerton's Comprehensive plan addresses LOS standards only for the artedal street system. The comp plan has identified the LOS standard for all arterials, but does not identify standards for local access streets affected by the proposed PUD. This is because local access streets typically do not have capacity deficiencies. This is evident when you look at the area and the traffic volumes on the street that will be affected by this PUD. Furthermore, the Comp Plan defines LOS as an "estimate of the quantity and performance of the facility in the community." It further describes LOS in both quantitative and qualitative terms. A quantitative, technical analysis of the impacts of this PUD is not necessary because traffic on the street (as well as adjacent arterials) operates in a free-flowing condition, likely LOS A or B. It is our Department's position that traffic impacts of the proposed PUD are not significant. e) All streets and rights-of-way shall be dedicated, designed and constructed in accordance with the City's adopted street standards. BMC 21.02.490 (e)(2) states "Interior roads that do not provide access to individual lots, but that provide access to individual structures, apartments .... are not subject to street development standards and their adequacy of design will be reviewed and decided through the PUD process" It is this department's opinion that this PUD does not mandate dedicated ROW. It' may not fit specifically the description of Item (e)(2) but it definitely does not fit the characteristics of a large scale PUD with full road system and internal circulation. Internal circulation is not necessary for this relatively small PUD with apartment style structures and we definitely do not want this to be a dedicated street that we are responsible for...therefore I reaffirm our requirement that this be a private street fully developed to our street standards. A road maintenance agreement shall be required of the PUD. Let us know if you need additional information. Luke CC: Wandling, Paul CITY OF BREMERTON OFFICE OF THE ltEARING EXAMINER PLOl-O039 APPLICATION FOR PRELIMINARY ) FINDINGS OF FACT PLAT/PLANNED UNIT DEVELOPMENT ) CONCLUSIONS OF LAW (PUD) APPROVAL ) AND RECOMMENDATION APPLICANT: RICK LARSON ) ) FINDINGS OF FACT 1. An application.for Preliminary Plat/PUD Approval has been filed by Rick Larson to develop a residential PUD on property owned by Donald L. Ostrom at the comer of Sylvan Way and Rickey Road in East Bremerton. This 4.43 acre parcel is identified by Tax Account No. 022401-3024-2001 and is legally described as follows: THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 24, NORTH, RANGE I EAST, WILLAMETTE MERIDIAN;, SITUA ~ IN KITSAP CO UNTIS, WASHING TON. The project site is zoned SF-2 which allows a density of 1-8 units per acre. The SF-2 zone allows primarily single-unit dwellings and related accessory uses and is suitable for areas served by public utilities, particularly sewer. Properties to the north of the project site are zoned (Residential Medium Density) and DL (Residential Low Density). Existing land uses to the north consist of single-family residences and a mobile home development. Properties to the south are also zoned SF-2. Many of these properties have been developed with single-family residences. Properties to the east are zoned SF-3 (3-8 units per acre) and MR (Residential High Density, 8-44 units per acre). Properties to the east have been developed with single-family residences, multi- family residential development and an assisted living complex. Zoning for properties located to the west is SF-2. Several single-family residential lots adjoin the site at the southerly half of the west property boundary, adjacent to the larger wetland identified on the site. Property west of the north half of the site is undeveloped. An application for rezone fi-om SF-2 to SF-3, and a twelve lot preliminary plat have been recommended for those undeveloped parcels. Three single-family residential lots and the community drainage lot will border the Larson's Plat if the rezone and preliminary plat are approved. 2. This parcel has a Comprehensive Plan designation of LD1L The SF-2 zoning is consistent Preliminaxy Plat/PUD Hearing Examiner Larson (PLO 1-0039) P age - 1- City of B remerton with that Comprehensive Plan designation. The development of this property as a PUD will meet the goals of the Bremerton Comprehensive Plan by providing small, affordable, single-family homes as in-fill within existing neighborhoods. This neighborhood appears to be transitioning from larger lot single-family development to smaller lot single-family and multi-family development. This development of senior housing in zero lot line units will allow more intense development closer to urban densities. The clustering of housing on the north half of this parcel will be consistent with the goals of the Bremerton Comprehensive Plan to protect wetlands and natural amenities on the parcel, while at the same time providing housing stock to meet the needs of a growing population for the City of Bremerton. This PUD will connect to existing utilities and services. 3. The underlying SF-2 zone allows a density range from 1-8 units per acre. The proposed density is 4.5 units per acre on a gross basis, and approximately 5.5 units per acre exclusive of the wetlands area. Almost 3-acres of this 4.4 acre site will be maintained as open space. This gross density is less than the maximum density allowed in the SF-2 zone (BMC 21.02.470(e)). 4. This 4.43 acre forested site slopes gradually from north to south. Two wetlands have been identified on the parcel. A small wetland is located in the northeastern comer of the site. This wetland measures approximately 2,463 sq.ft. It is described by the wetland scientist, Joanne Bartlett of Wiltermood Associates, as "a small depressional forested wetland." A second wetland was identified in the southern half of the site. This wetland measures approximately 36,000 sq.ff. This larger wetland area is dominated by a mixed coniferous/deciduous forest with a moderate to dense shrub layer and moderate to dense herbaceous layer. The delineations for both wetlands are included in the Wiltermood Report [EXHIBIT 9] and are shown on the Topographic Map of Existing Conditions submitted by the applicant [F_,XttlBIT 23]. There are three drainage basins on the site: an east, west and south basin. The west basin drains to adjacent property to the west; the east basin drains to a 12-inch diameter pipe at the northeast comer of the property that conveys runoffto the east side of Rickey Road. The south basin drains to an 18-inch diameter pipe at the southeast comer of the property that conveys mnoffto the east side of Rickey Road. The applicant has submitted a preliminary drainage report which describes proposed site improvements and the engineered drainage plan. No storm improvements are planned for the west or east basins; however, all runoff from the south basin will go through a multi-cell detention pond, and from there flow through a bio-swale and discharge at the inlet of the existing 18-inch diameter pipe along Rickey Road. The drainage plan will be reviewed by the City of Bremenon Department of Engineering and Public Works. The plan is designed to meet or exceed the minimum requirements of the Kitsap County Stormwater Manual for Stormwater Management and Mitigation and the City ofBremerton Stormwater Management Program. A large detention pond system for stormwater control has been designed by West Sound Engineering, Inc. [EXIJIBITS]. This detention pond system will be built in the southeast portion of the parcel abutting Rickey Road. This facility is located in a residential zone and presents a potential hazard to the safety of children living in the neighborhood. Security fencing around the detention pond is necessary to provide for the public health and safety. Visual screening has been recommended by Preliminary Plat/PUD Hearing Examiner Larson (PLO 14)039) Page -2- City of Bremerton the landscape designer. The plantings recommended around the detention pond will help visually screen the detention pond facility from off-site properties along Rickey Road, as well as provide a screen buffer between the developed lots for Units 17, 18, 19 and 20, and the detention pond area. It is particularly important to have security fencing arotmd the pond, since the community trail system will be designed to provide access to the pond area from off-site as well as on-site. 5. The five buildings in this PUD will be constructed with 4 individually owned residential units each. The structures will be wood framed with exterior siding and roofing typical ora single-family home construction. The end units will be one-story units, and the middle units will be two-story units. The garages for the end units will face to the side on the building to improve the curb appeal of the plat. The applicant has provided a schematic for the buildings. The buildings will all be built with a similar design with floor plans repeated in each 4-unit cluster. The schematics for the front elevations of the buildings and the first floor plan are included in EXHIBIT 4. Each individually owned residential unit will own a separate lot and will share a 5% interest in the common open space areas. There will be 20 low to middle income units provided in this project. The small lots in this PUD range in size t~om 1,600 sq.ft, to 2,178 sq.f~. The required off-street parking will be provided on each lot (BMC Title 21, Figure 670A) No on- street parking will be allowed along the private road. The Site Plan will be revised to provide adequate off-street parking on each lot so the on-street parking requirements can be waived. All streets in this PUD will be designed and constructed in accordance with the City's Roadway Standards. A two lane private roadway will provide access for 16 of the 20 individual units clustered on the north half of this parcel. Sidewalks will be built along the side of the private roadway so that pedestrians can move safely and conveniently along the roadway to connect to transit stops available on Sylvan Way and Rickey Road. The plat has been designed to minimize the number of driveway accesses onto Rickey Road. No access will be allowed directly onto Sylvan Way. No traffic study was done for this PLTD project. The Department of Engineering and Public Works has reviewed the PUD and determined that the traffic impacts are not significant. It is expected that there will be an increase of approximately 200 vehicle trips per day as a result of the development of this residential project. Peak traffic impacts can be expected during the morning and evening commuting hours. The Engineering Department concluded that a quantitative technical analysis of the traffic impacts is not necessary because traffic on the street, as well as adjacent arterials, operates in a free-flowing condition, likely LOS A or B [E,,17-tlBIT 26]. The design of this PUD with only one access road for 16 units minimizes the amount of impervious surface added to the site by driveway. Traffic impacts are reduced by limiting the number of access driveways onto Rickey Road. 6. Since this parcel fronts on both Sylvan Way and Rickey Road, there will be two front yard perimeter setbacks for this PUD. BMC 21.02.490 (E)(2) requires a minimum front setback of 20- feet ifa building height is proposed no greater than 25-feet. A maximum building height of 30- feet is allowed in the SF-2 zone. If buildings in this PUD exceed 25-feet in height, an additional 5-feet of perimeter setback will be required for the front and side yards. All perimeter setback areas will be landscaped. No parking or other maneuvering areas, other than access driveways, are designed in per/meter setbacks. 7. This PUD is located in an area where public water, sewer and other urban utilities are available. The cost of extension of those public services to this PUD will be borne by the Preliminary Plat/PUD _/ Hearing Examiner Larson (PL01-0039) Page -3-5 City of Bremerton developer. The extension of public services to these 20 residential units will not degrade the level of service presently available to neighboring properties. The Public Works and Utilities Department issued a Conditional Water and Sewer Availability Letter for Larson's Plat on January 23, 2001. This letter indicates that water service and sewer services from the City of Bremerton will be available to service this plat. Connection to the city utility system must be completed in accordance with the Department of Utilities Development and Construction Standards. The residences in this PUD will be provided utility service by Puget Sound Energy and phone service by QWest Communications. Water and sewer services will be available from the City of Bremerton. Fire and Police protection will be provided by the City of Bremerton Fire and Police Departments. Children residing in these residences would attend school in the Bremerton School District. 8. The applicant has submitted a landscape plan designed by Heins Site Design [EXHIBIT 13]. The landscaping plan describes perimeter planting on a 3-foot berm designed to provide a visual screen between the residential units and surrounding properties. No perimeter fencing is proposed. All utility facilities, trash containers and outdoor storage areas will be screened from surrounding properties. The perimeter landscaping plan will soften the visual impact of the walls of buildings created by clustering the units in a zero lot line design. Planting trees and other landscaping on a berm will visually screen the row of buildings from the street, especially along Sylvan Way where Units 1-8 are designed in a continuous line from east to west. The landscaping will also provide visual screening along Rickey Road. The perimeter landscaping will help the PUD harmonize with existing residential development on surrounding properties. 9. This PUD makes appropriate provisions for the preservation and protection of the wetland located in the southwestern comer of the property. This wetland has been delineated by Wiltermood and Associates, Inc., [F_,XHIBITg]. The required 50-foot wetland buffer is also delineated on the site plan. The 15-foot building setback for Lot 20 encroached into the buffer reSUlting in a reduced wetland buffer. The applicant has proposed a compensatory increase in the buffer width near the detention pond. A homeowners association will have responsibility for the maintenance and preservation of this wetland and buffer area. No construction activities will take place in the wetland or buffer area. The small wetland identified on the northeast portion of the property will be filled. Mitigation will be required for the loss of that small wetland. 10. The non-perimeter setbacks within the PUD have been reduced to accommodate a zero lot line development. The 20 units planned for this PUD must be clustered on the northern half of the parcel to avoid encroachment on the large wetland and buffer. If these building sites were developed in compliance with the yard setbacks of the underlying SF-2 zone, the number of units in the project would be substantially reduced. 11. The height of buildings in this PUD will be less than the maximum height allowed in the underlying SF-2 zone. The building height will be compatible with the scale of the surrounding neighborhood which has been developed with both single-family and multi-family residences. 12. Sixty-four percent, 2.83 acres, of this site have been dedicated as common open space. This open space includes the large wetland and buffer area set aside on the southern portion of the Preliminary Plat/PUD Hearing Examiner Larson (PLO 1-0039) Page -4- City of Bremerton property. A pedestrian trail will be built along the perimeter of the wetland buffer. No other active or passive recreational uses have been designed for this project. The site plan indicates that 1.14 (26%) acres will be developed as active open space. There are no parks or playgrounds planned for this PUD. These units will be marketed to seniors. An area south of Unit 13 and west of Units 17 and 18 will be set aside as common open space. The homeowners association will have this area available for development as a community picnic site. This recreational area would be easily accessible fi-om all units in the development using the pedestrian trail system. 13. A Determination ofNonsignificance (DNS) was issued for this project on February 14, 2002. No comments or appeals were received [EXHIBIT 25]. This SEPA DNS is final. 14. The public use and interest will be served by the approval of this Preliminary Plat/PUD. The public will benefit fi-om the preservation and protection of a large wetland located on the southwestern portion of the property. The project will be designed with a stormwater management sy~em that will manage stormwater flows increased by the addition of impervious · surfaces on this parcel. The city of Bremerton will benefit fi-om the availability of senior housing to meet a growing need for housing stock. This development is consistent with the increasing urban densities on developed properties in this neighborhood. The cost of all needed infrastructure improvements will be borne by the developers. All utilities and service systems in the parcel will be maintained by the homeowners association membership through periodic assessments for the ongoing maintenance and repair of all private facilities held in common. 15. This project will be constructed in an area akeady developed with single-family residences on surrounding properties. It will be important to minimize the impacts from construction noises. Limitations on the number of hours per day and days per week for outside construction activities will help mitigate some of the unavoidable noise impacts for neighboring residents. 16. The Director of the Department of Community Development exercised his discretion in waiving the requirement for a neighborhood meeting prior to filing of this preliminary plat application. The application and applicable fees were accepted for processing by the Department on June 22, 2001 without a neighborhood meeting having taken place. (BMC 21. 02. 3 70) 17. Notice of the public hearing was sent to property owners within 300-feet of the subject property by YLm Svensson of the Department of Planning and Community Development; notice of the public heating was posted at Sylvan Way and Rickey Road; notice of the public hearing was also published in the Bremerton Sun in advance of the heating. This public hearing was held before the City of Bremerton Administrative Hearing Examiner, pursuant to BMC 2.13.070. CONCLUSIONS OF LAW 1. Rick Larson has been authorized to make application for a Preliminary Plat/PUD Approval to subdivide property located at the southwest corner of the intersection of Sylvan Way and Preliminary Plat/PUD Hearing Examiner l_arson (PL01-0039) Page -5- ~ City of Bremerton / Rickey Road in the city of Bremerton. The application was submitted to the City on June 22, 2001. The Department of Community Development determined that this application was complete on December 14, 2001. A SEPA Determination ofNonsignificance (DNS) was issued by the City on February 14, 2002. The Hearing Examiner has jurisdiction to conduct a pre- decision public hearing and prepare findings and conclusions for the City Council's consideration of this application for Preliminary Plat and PUD (BMC 2.13.070). 2. Adequate legal notice was given of the public heating conducted in this matter on February 27, 2002. The hearing record was closed on March 13, 2002 after receipt ora memorandum from the Department of Community Development and the Department of Engineering and Public Works clarifying issues not adequately addressed during the hearing. 3. A regulated wetland has been identified on this parcel. The City of Bremerton Critical Areas Ordinance regulates activities within the wetland and its buffer area. The site plan has properly delineated the Class 1II wetland and its required 50-foot buffer area. The Director has authorized a buffer modification to accommodate the required building setback for Lot 20 in the Plat. This buffer reduction is mitigated by widening the buffer area near the detention pond. This buffer averaging meets the requirements of BMC 21.22.220 (e) for buffer averaging. Low impact uses and activities, such as pedestrian trails, may be permitted within the buffer area (BMC 21.22.220 (d). A pedestrian trail has been proposed for this PUD. Segments of the pedestrian trail will be built in the wetland buffer. The trail will be built in an area of the wetland buffer which is vegetated with small isolated patches of Willow and Scot's broom in large grassy areas which have grown over fill dirt dumped on the property over a period of several years. The construction of a trail in this portion of the wetland buffer will not significantly degrade the vegetation habitat presently available in the buffer. This buffer area will be enhanced as mitigation for the loss of wetland function resulting from filling a small Class 1II wetland on the northeastern portion of the parcel. A mitigation plan is required by BMC 21.22.230 (6). BMC 21.22.260 outlines mitigation procedures designed to compensate for a degraded or destroyed wetland. The applicant must submit a mitigation plan for approval prior to issuance of any permits for construction activities at the site. That mitigation plan must comply with the requirements set forth in BMC 21.22.260. 4. The City of Bremerton has not adopted a long subdivision ordinance. This application for preliminary plat approval must comply with the provisions of RCW 58.17.110, Section 2, which states as follows: A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative 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 safe walking conditions for Prelim/nary Plat/PUD Hearing Examiner I_arson (PL01-0039) Page -6- City of Bremerton students who only walk to and from school; and (3) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legt'slative body shall approve the proposed subdivision and dedication ..... 5. This application for Prelim/nary Plat/PUD makes appropriate provisions for the public health safety and general welfare by setting aside a percentage of the plat in an open space, as required by BMC. These open spaces have been reserved for protection ora Category Il-[ wetland and its 50-foot buffer. The open space will be maintained and protected in an open space guarantee which complies with BMC 21.02.510. The Declaration of Covenants, Conditions and Restrictions in each PUD property owner's deed will require periodic assessments for the ongoing maintenance and repair of all private service facilities held in common and will provide for a governing body of the PUD to be responsible for the adequate maintenance of private service facilities and open space in the Plat. Areas are available in the open space for development of active recreation for residents. A pedestrian trail will be built to connect residential areas with viewing areas in the wetland buffer on the south portion of the property. 6. This proposed plat makes appropriate provision for the public health, safety and general welfare by providing a stormwater management system and an engineered drainage plan. This drainage system will control the additional runoff expected from the addition of impervious surfaces on this parcel and w/il establish water quality controls for waters flowing off-site into ex/sting drainage systems. The hydrology of the wetland will be protected through an approved storm management system on the property. 7. Appropriate provisions are made for the public health, safety and general welfare through adequate provisions for road access, streets and driveways in this subdivision. A thirty-foot private road will provide access to 16 individual lots. This road will be constructed at the expense of the developer and will comply with City of Bremerton Roadway Standards. The road will not be dedicated as a public road, but will be maintained and repaired as a private service facility through periodic assessments against property owners belonging to the homeowners association, or other governing body of the PUD. This responsibility for maintenance and repair will be included in the Declaration of Covenants, Conditions and Restrictions in each deed to be held by an individual property owner within the PI. TD. Off-street parking and sidewalks are included in the Site Plan. Fire Department requirements for emergency vehicle turnaround is designed at the west end of the private road. A stormwater management system will control increased runoff fi-om impervious surfaces. 8. Appropriate provisions are made for the public health, safety and general welfare through adequate provisions for access to the public right-of-way and transit stops in the neighborhood. There are Kitsap Transit stops along both Rickey Road and Sylvan Way near this parcel. These transit stops for public transportation are within easy walking distance fi'om any of the residences. All driveways will access onto Rickey Road, a developed public right-of-way adjacent to the eastern property line of this parcel. The City Engineer has found that the Level of Service presently available on Rickey Road will not be degraded by the addition of the vehicle trips generated by the homes built in this new PUD. Preliminary PlaffPUD Hearing Examiner I_,arson (PL01-0039) Page -7- ~, City of Bremerton 9. This proposed Plat has made adequate provision for recreation by building a pedestrian trail for access to the natural areas on the site. The residents of this PUD will have access to the regional community and neighborhood parks system in the East Bremerton area, including Lions Field, Stevenson Canyon Park, the East Park Greenbelt and the YMCA park, Sheridan Community Center, Bremerton Theater, the Berry Patch on Sylvan Way, Baton Park, the Senior Center at Manette, and several other small street and waterfront parks. This project is within 1/2 mile of the Berry Patch, a City of Bremerton community park located east of Pine Road and south of Sylvan Way. This PUD is planned for low to middle income senior housing therefore, no playgrounds are planned on the site. 10. This preliminary plat makes appropriate provisions for the public health, safety and general welfare by including sidewalks and other planning features within the PUD to assure safe walking conditions for students who only walk to and from school. There are middle schools and grade schools within several blocks of this parcel. Any children residing in these housing units will be able to attend neighborhood schools in the Bremerton School District. A sidewalk will be built along the private road accessing 16 of the 20 units being built in this PUD. The 4 units which face Rickey Road will not have sidewalk frontage. The Department of Engineering and Public Works has required the applicant to sign a frontage improvement agreement for future improvements to sidewalk, curb, gutter, street lighting, storm drainage, water and sewer lines, along both Sylvan Way and Rickey Road. 11. This proposed preliminary plat makes appropriate provision for potable water supplies and sanitary waste disposal. The applicant has received a Conditional Water and Sewer Service Availability Letter from the City of Bremerton. The cost of infrastructure to provide those services will be borne by the developer. All utilities and necessary services are currently available in the vicinity and can be extended for service to this PUD without a degradation in the Level of Service enjoyed by other users in the neighborhood. 12. Having found that this proposed preliminary plat makes appropriate provision for the public health, safety and general welfare by providing for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary waste, parks, recreation,' playgrounds, school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and that the public use and interest will be served by the platting of this subdivision which provides additional housing for the city of Bremerton and protects critical areas located on the parcel, it is recommended that the City Council approve this preliminary plat subject to the conditions of approval listed in this recommendation. 13. This application also contains a request for PUD approval. The BMC establishes both general development standards and specific development standards for a PUD application. Those development standards are located in BMC 21.02.480 and 21.02.490. 14. A PUD may be approved if it is found that the development conforms to all the following general development standards criteria: Preliminary PIaffPUD Hearing Examiner Larson (PL01-0039) Page -8- City of Bremerton (A) The location design and uses of this PUD shall be consistent with the Comprehensive Plan, Bremerton's Shoreline Management Program and other applicable Plans and Ordinances adopted by the City. The Site Plan and other supporting documents filed with the application demonstrate that this property at the southwest comer of Sylvan Way and Rickey Road is appropriate for the development ora PUD. This parcel contains two Category llI wetlands, one of which is regulated by the BMC Critical Lands Ordinance. The large Category 111 wetland on the southwestern portion of the property cannot be used for the development of residential uses. This parcel is zoned SF-2 for residential development. A PUD will allow a cluster of homes to be built on the north third of the property. This duster of homes is necessary for the preservation and enjoyment substantial property right of the applicant to develop this parcel for residential uses at a density allowed in the SF-2 zone. It also complies with the Critical Lands Ordinance by protecting ecological benefits of the wetland area remaining in this developed neighborhood. The design of this PUD for small, low to middle income, senior housing is consistent with the development of surrounding properties for single-family residences and multi-family residential development. This parcel is in an area that is in a transition from suburban to more urban densities and the development ora PUD on this large 4.43-acre parcel is consistent with that transition. (23) The PUD shall be integrated with its surroundings and designed to harmonize with existing or proposed development in the neighborhood In the case of a departure in character from the surrounding uses, the scale, intensity and design shall adequately reduce the impact of the development in such a way that the project will not be detrimental to the neighborhood This PUD has been designed with five buildings of four individually owned residential units. The buildings will be wood framed with exterior siding and roofing typical of single-family home construction. The design of the units will harmonize with existing development in the neighborhood. The homes will be approximately 25-feet in height and will be surrounded by a landscaped perimeter buffer to provide visual screening for surrounding property users. (C) The traffic generated by the PUD shall accommodated safely arm within the accepted Levels of Service for affected streets. The Department of Engineering and Public Works has reviewed this PUD proposal and evaluated the tra~c impacts expected from the 20 residential households. The anticipated average of 200 additional vehicle trips per day generated by this PUD can be accommodated safely and within the adopted Level of Service for Rickey Road and Sylvan Way. [See memo from Luke Korpi in EXHIBIT 26.] (D) Ail development will be adequately served by existing or planned facilities and services. The applicant provided a copy of a Conditional Water and Sewer Availability Letter signed by the City of Bremerton Public Works and Utilities Department on Ianuary 23, 2001. Preliminary Plat/PUD Hearing Examiner Larson (PLO 1-0039) Page -9- City of Bremerton // This letter advised the applicant that the Larson's Plat is situated within the City's utility service area. The City has facilities with adequate capacity to provide water and sewer service to the proposed project. The cost of connection to the utility system will be borne by the developer. (E) The PUD will result in an attractive, healthful, efficient and stable environment for living, shopping, worMng and leisure activities. This PUD has been designed to provide all services available in a more urban development. The residential units provide small front and rear yards in addition to the building footprint. The design of the homes in this PUD will be consistent with the style of homes developed on other parcels in the neighborhood. A large common open space area will be maintained on the property to preserve critical wetland areas. A pedestrian trail has been provided for leisure activities on the site. Potable water and sewer services will be available to all residences. This development will have ready access to public transportation on both Rickey Road and Sylvan Way. Public parks and public schools and commercial shopping areas are located nearby. (F) The development plan shall make adequate and appropriate provision for the preservation of the environment, both natural and manmode and the conservation of energy. This PUD will retain almost 3-acres of the 4.4-acre site in common open space. No development will be allowed in the large wetland area on the south portion of the parcel. The forested wetland located in that portion of the parcel will remain in its present natural condition. The wetland buffer will be enhanced with additional native vegetation to improve it's ecological function. A temporary erosion and sedimentation control plan will be implemented during construction to help reduce impacts to natural areas located on the property. Landscaping and storm drainage control improvements will stabilize the site for long term use. Stormwater runoff from the site and from the adjacent road will be collected and conveyed to a detention pond system located at the southeast corner of the site. Discharge will be through a biofiltration swale to improve water quality before release into the City's stormwater system located underneath Rickey Road. Building construction will comply with current energy conservation codes. 15. All PUD projects also must comply with the specific development standards outlined in BMC 21.02.490: (4) Parcel Size: an area not less than one gross acre in size may be considered for a PUD .... This parcel measures 4.3-acres in size and is more than adequate to support a PUD project. ('B) Perimeter and lnterior Setbacks:...2. The perimeters of all PUD 's I-acre Pre~inary Vlat/pLrD Heating Examiner Larson (PLO 1-0039) Page - 10- City of Bremerton /& or large in area shall maintain minimum front, side and rear setbacks according to the height of buildings as follows: Building Height 0-25 feet, perimeter setback for the front 20-feet; side lO-feet; rear lO-feet. The applicant's representative, Craig Baldwin, West Sound Engineering, testified at the hearing that buildings in this PUD were expected to be approximately 25-feet in height. The perimeter setbacks outlined on the site plan comply with the requirements of BMC 21.02.490 (t5)(2) for buildings with a maximum buildings height of 25-feet. (B)... 4. Non-perimeter setbacks within the PUD shall be based on the required setbacks of the underlying zone, but may be modified through the PUD process to achieve project design objectives. This project is located in the SF-2 zone, the Director of Community Development, however, has authorized a modification of the non-perimeter setbacks within this PUD, to allow a zero lot line development. These residential units have been clustered in the northern portion of this parcel to avoid encroachment on the large wetland and wetland buffer set aside for protection. The project is designed to provide low to middle income senior housing. The individual lots have been limited in size to a range of 1,600 sq.t~, to 2,178 sq.f~., to provide small affordable lots for the middle to Iow income purchaser. (C) Height: Building heights in a PUD may be varied from the underlying zoning district, however, building heights shall be compatible with the scale of the surrounding neighborhood to maintain privacy, retain scenic views and ensure a reasonable balance of light and shadow on adjacent properties. This PUD is being built in the SF-2 zone. The maximum building height for residential units in the SF-2 zone is 30-feet [See BMC, Figure 120, Zone Summary, Title 21, Appendix £age 9]. The residences is this PUD are not expected to exceed 25-feet in height. The building height will be compatible with the scale of the surrounding single-family residential neighborhood. No scenic views will be affected by the development of this PUD. Light and shadow on adjacent properties will remain in a reasonable balance alter development of this PUD. (D) Open Space: (1) A Minimum of 15 °/6 of the total area of the PUD shall be dedicated as common open space. Open space shall be provided for active as well as passive recreational activities and for the preservation of existing natural site amenities wherever possible .... This PUD Site Plan sets aside 64% of the parcel in open space. The Category III wetland on the property is protected in the designated open space. This open space will be protected and permanently maintained under the terms of an open space guarantee agreement as required by BMC 21.02.510. ...(D)(2) Open space and supporting facilities intended for recreational use shall be designed and located to not adversely impact surrounding land uses, especially existing residential uses.... Preliminary Plat/PUD Hearing Examiner Larsoa (PL01-0039) Page -11- City of Bremerton The open space designations in this PUD have been specifically designed to protect the existing critical areas on the parcel. A small pedestrian trail has been designed for access from the residential units along the edge of the wetland buffer. The use of this trail by residents of the PUD will not adversely impact surrounding land uses. The protection of the wetland in open space will maintain the natural areas presently enjoyed by property owners to the south and west. A stormwater management facility will be built on the site to regulate stormwater runoff, avoid impacts to the hydrology of the wetland and prevent off-site flooding. Other than the walking trail, no additional supporting facilities for recreational use are planned in this PUD. ...(D)(3) Open space and its intended uses shall be clearly designated on the Site Plan. At least two thirds of the open space area shall be suitable for active recreational purposes. The City will base it acceptance of these areas on their dimensions, usability, location, slope and physical improvements. Tot lots, playgrounds, picnic areas, sport courts and open grassy multi-purpose fields are examples of active open space areas, whereas, a steep slope natural area traversed by a hiking trail may be considered partially active but mostly passive .... The open space and intended uses for that open space are clearly designated on the Site Plan. A majority of the open space retained on this site will protect regulated wetlands. No recreational activities are allowed within the wetland areas. A pedestrian trail will be built throughout the site to' give access from the north to the south portion of the parcel. This pedestrian trail will meander into the wetland buffer area, as is allowed under BMC 21.22.220 W). (D)(4) The locations of natural site amenities shall be considered when planning for open space, siting buildings and other structures, routing underground services and deterrnining finished grade levels and areas to be paved Natural amenities might include rock outcroppings, ravines, growth of trees, ponds or streams. Up to one third of the property intended to satisfy the open space requirement can be unsuitable for recreational purposes if consisting of natural site amenities .... The location of the Class 1-ti wetland was specifically considered when planning for the open space and siting of buildings and other structures in this PUD. The existing natural site amenities will be preserved and protected by the design of this PUD. (1))(5) When a PUD is constructed in phases, common open space shall not be less than 15% of the total area developed in each phase, and must be completed in accordance with approved specifications at the time of completion of each phase of the PUD .... The application before the City does not indicate a plan for construction of the PUD in phases. It is anticipated that this PUD will be constructed as an integrated project with adequate protections in place during construction for protection of critical areas on the site. (D)(6) Provisions shall be made for the perpetual maintenance of all common Preliminary Plat/PLrD Hearing Examiner Larson (PLO 1-0039) Page - 12- City of Bremerton open space areas .... Prior to the final approval for this PUD, the developer shall submit a legal instrument guaranteeing the retention of open space and the permanent maintenance of open space in commonly owned facilities, in accordance with the provisions of BMC 21.02. Those guarantees may include reservations for the use of the property owners within the development, conveyances to property owner associations, and a requirement of periodic assessments for the ongoing maintenance and repair of all private service facilities held on common. A Declaration of Covenants, Conditions and Restrictions will require the governing body of the PUD to be responsible for the adequate maintenance of all private service facilities and all open space commonly owned in the PUD. Under the terms of this PUD application, each lot owner will own his individual unit parcel and 5% of the common open space in the PUD. Each lot owner will be a member of the homeowners association or other governing body of the PUD. 09)(7) The total requirement for active open space may be reduced by no more than 25% through the provision of a recreational building, swimming pool or other major recreational facility. This PUD does not include any recreational building, swimming pool or other major recreational facilities. (E) Circulation: (1) All streets and rights-of-way shall be dedicated, designed and constructed in accordance with the City's adopted street standards... This PUD will be developed with a single private roadway which will provide access to the 16-units clustered in the northern portion of the parcel. This private roadway will extend from Rickey Road through the property in an east/west direction, terminating in an emergency access turnaround along the western side of the property. The City of Bremerton Department of Engineering and Public Works has required that this private road be designed and constructed in accordance with the City's adopted street standards. Sidewalks will be required along the private road and no on-street parking will be allowed. Fire Department approval of the emergency vehicle turnaround will be required. (E)(3) A pedestrian circulation system shall be designed to assure that pedestrians can move safely and conveniently both on the site and between the site and nearby properties and activities as appropriate .... The Site Plan has provided both for sidewalks along the private road and for a pedestrian trail connecting the residential areas in the north to access off-site south of the detention pond. This pedestrian circulation system will allow active safe movement within the site and convenient access to nearby properties and activities. (E)(4) All streets arM parking areas shall contribute to the overall aesthetic design of the PUD while minimizing traffic congestion and the amount of impervious surface area.... This PUD has been designed with clustered housing on the northern portion of the 4.4- acre site. Sixteen of the twenty units will share access offthe only private road to be built on the Preliminary Plat,/PUD Hearing Examiner Larson (PLO 1-0039) Page - 13- City of Bremerton site. Off-street parking will be provided for each unit in garages built as a part of individual units. Only four driveway accesses are planned for access onto Rickey Road. Common driveway access has been encouraged in this design to minimize traffic congestion and minimize the amount of impervious surface area required for the project. (E)(5) No parMng or maneuvering areas, other than access driveway, shall be allowed within the PUD 's perimeter setbacks, when the development is within or abutting any residential zoning district .... This PUD is within and abutting a residential zoning district. The PUD has been designed with an emergency vehicle T-Section turnaround at the end of the private roadway. This emergency turnaround will not be constructed in the perimeter setback along the west property line, but will be constructed between that required perimeter setback and the most westerly individual residential lot. (E) (6) The provision of adequate parking, loading, access and circulation facilities within any PUD shall be based on the provisions contained in the pcrrtdng provisions section of BMC 21.02 and are subject to modification through the _PUD process to meet best needs and project objectives .... This PUD has been designed with residential units with garages. No on-street parking will be allowed along Rickey Road or along the private road constructed within the PUD. Adequate off-street parking will be provided on the site to comply with the City of Bremerton adopted roadway standards. (F) Screening: All utility facilities, loading areas, trash containers and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls and blank walls of buildings shall be softened through the use of trees azug/or other landscaping material, if their impact cannot be minimized through architectural design or orientation. This PUD has been designed with a row of single residential units paralleling Sylvan Way. To soften the impact of that continuous wall of buildings, the applicant has proposed a landscaping plan which will provide a full visual screen within the perimeter setback along Sylvan Way. Landscape screening will also be planted between the detention pond facility and Rickey Road, and between Unit 20 and the detention pond to soften the visual impact of that facility on surrounding property uses. Security fencing will surround the detention pond to provide for the public health and safety. A condition of approval will be recommended for this PUD which requires all trash containers, outdoor storage areas and utility facilities to be screened with vegetation screening to soften the visual impact on surrounding properties. (G) Architectural Theme: The structural elements of each PUD, including accessory structures such as signs and lighting, shall be integrated into a primary architectural theme that is carried throughout the development. The applicant has provided the City with a schematic representation of the housing design Preliminary PlaffPLID Hearing Examiner Larson (PL01-0039) Page -14- City of Bremerton and floor plans for these residential units. The units will be constructed as wood framed units w/th wood siding and roof lines consistent with other small single-family residential dwellings in the neighborhood. The Director has approved the proposed architectural design and has determined it is compatible with surrounding property uses. No identifying signs other than the necessary address numbers are planned to identify this PUD. Outside lighting will conform to the lighting regulations of BMC. (I-I) Service Improvements: Service improvements in a PUD shall be provided in accordance with the following provisions: 1. Preliminary Plan Review: preliminary engineering infotwuxtion on waste disposal, water and electrical systems, street improvements, fire hydrants, drainage and other public improvement shall be reviewed by staff and the technical review committee to determine the availability of such utilities and services to the site, their adequacy, the service to the proposed project, and/or necessary measures to make the needed utilities and services available on the site .... This preliminary engineering information was reviewed in a pre-submittal meeting on November 8, 2000. This meeting was attended by the Building Inspector, Fire Marshall, a representative from Engineering, the applicant and the applicant's engineer, and a staff member fi.om the Department of Community Development. A preliminary storm drainage report has been provided by West Sound Engineering, Inc. The Site Plan describes proposed street and drainage improvements. A Conditional Water and Sewer Availability Letter has been received fi.om the City of Bremerton stating that all utility services are available to service this site. 'Participation in future frontage improvements along Rickey Road and Sylvan Way will be required of the applicant. The Fire Department has reviewed the proposed site plan for Fire Code compliance and will require proof of adequate fire flow and fire hydrants to service the project. The Fire Department will also require approval of the emergency access turnaround, visible addresses and a pr/yarc road street sign will be required to facilitate emergency access. Smoke detectors and fire alarms will be required in the residential units, and fire sprinklers have been recommended for this units, since they are being built in a zero lot line design. Compliance with all fire code provisions will be verified by the Fire Marshall prior to issuance of a Certificate of Occupancy for any residential units in this PUD. (1-1)(2) Final plan review will be processed by the City of Bremerton. A development agreement and performance bond will be required of the developer prior to the issuance of any occupancy permit for this project. 16. A review of this PUD application demonstrates that it will comply with the general development and specific development standards for PUD' s which are included in the BMC. A recommendation for approval of this PUD should be forwarded to the City Council with Preliminary Plat/PUD Hearing Examiner I_arson (PLO 1-0039) Page - 15- City of Bremerton /7 conditions of approval modifying the proposal to ensure that the PUD is consistent with the Bremerton Comprehensive Plan and the BMC. Those conditions of approval are as follows: 1. Except as modified by these conditions of approval, the project shall be constructed in substantial conformance with the Site Plan date stamped June 22, 2001. 2. A recorded Declaration of Covenants, Conditions and Restrictions, and a plan for the operation, maintenance and repair of all constructed drainage facilities shall be submitted by the applicant and approved by the City Engineer prior to final plat approval. The Declaration of Covenants, Conditions and Restrictions shall be included in each Deed to be held by a property owner within the PUD. This Declaration shall require periodic assessments for the ongoing maintenance and repair of all private service facilities held in common in the plat. The Declaration shall also require that the governing body of the PUD be responsible for the adequate maintenance of such service facilities. In addition, the developer of the PUD shall submit a legal instrument guaranteeing the retention of open space in the plat, and guaranteeing the permanent maintenance of open space and commonly owned facilities, as required by BMC 21.02.510. 3. The applicants, or their successors in interest, shall establish a homeowners association to provide for the maintenance of the private road, commonly owned open space areas, storm drainage facilities, and all other commonly owned areas within the PUD in compliance with applicable City ordinances. This association shall be fully established with bylaws outlining the responsibilities of the homeowners association for maintenance of all service facilities, roadways and open space within the parcel, and providing for periodic assessments for the ongoing maintenance and repair of all private service facilities, and the permanent maintenance of open space in the plat. 4. All conditions specified in the Conditional Water and Sewer Availability Letter dated January 23, 2001 shah be adhered to prior to final Plat/PUD approval. 5. All requirements of the Department of Engineering and Public Works shall be met, including but not limited to requirements pertaining to Preliminary Plat/PUD Hearing Examiner Larson (PLO 14303 9) Page - 16- City of Bremerton frontage improvements for sidewalk, curb, gutter, street lighting, storm drainage, and water and sewer lines. The applicant shall sign an agreement for future frontage improvements along Sylvan Way and Rickey Road NE, if required by the Department of Engineering and Public Works prior to final plat approval. 6. The applicant shall comply with all requirements of the Bremerton Fire Department, including but not limited to those conditions specified in the pre-submittal meeting conducted on November 8, 2000. The applicant will provide proof of adequate fire flow for the project prior to f'mal plat approval. The applicant will install all fire hydrants required by the Bremerton Fire Department to service this site and get Fire Department approval for emergency vehicle access on the site. Visible address numbers will be required on each residential unit and approved private street signage will be installed by the developer prior to f'mal plat approval to facilitate emergency access to these properties. Bremerton Fire Department requirements regarding fire sprinklers, alarm systems, fire wafts and smoke detectors must be complied with prior to issuance of any Certificate of Occupancy for these residential units. Proof of Fire Department review and approval for construction must be received by the Department of Community Development prior to final plat approval. 7. All applicable provisions of RCW 58.17 and BMC Sections 21.02.430- 21.02.570 shall be adhered to, and when appropriate, incorporated into the final PUD/Plat. 8. Prior to final plat approval, a name shall be assigned to the Plat/PUD that is consistent with the requirements of the City/County emergency services system and the City of Bremerton Fire Department regulations. Prior to final plat approval a street sign which has been approved by the City Public Works Department shah be installed at the intersection of Rickey Road and the private road servicing this PUD. 9. All water lines installed for this PUD, including those for irrigation and fire flow, shah conform to the BackflowCross Connection Regulations of the City of Bremerton, to avoid contamination of the public water system. 10. This project has been designed and recommended for approval with zero lot line units, therefore, more stringent building and fire codes will apply to the project. Ail such requirements must be adhered to and addressed Preliminary Plat/PUD Hearing Examiner La=on (PLO 1-0039) Page - 17- City of Bremerton at the time of building permit submittal. 11. The landscape plan prepared by Heins Site Design and date stamped December 14, 2001 shall be incorporated into the final plat provisions. Landscaping on this project shall be consistent with all applicable requirements of BMC 21.02.700-21.02.760. All landscaping shall be completed, or a provision made for a performance assurance device which complies with BMC 21.02.760, prior to issuance of an occupancy permit for the project. The applicant shall submit a landscaping plan to the Director of Community Development for approval. This landscaping plan shall include provisions for maintenance of aH landscaping proposed on the site, including landscaping in the perimeter setback areas. Provisions for the ongoing maintenance and replanting of the landscaped screening must be included in the Declaration of Restrictions, Covenants and Conditions binding each property owner. The responsibility to maintain the landscape plantings must be assigned to the homeowners association which shall require periodic assessments for the ongoing maintenance and repair of aH landscaping in the common areas of the PUD. 12. All applicable provisions of the Bremerton Critical Lands Ordinance (BMC 21.22) shah be adhered to and incorporated into the final PUD/Plat project design and construction. 13. The applicant shah submit for the Director's review a final PUD plan which is in substantial compliance with the preliminary plan approved by the City Council. Along with that final PUD plan, the applicant shah submit an open space guarantee agreement which complies with the provisions of BMC 21.02.510. The site plan date stamped June 22, 2001 shall be modified to show the driveways for Lots 18 and 19 as a combined driveway, ,as proposed by Craig Baldwin in his letter to the Department of Community Development dated December 13, 2001 [EXt-IIBIT 18]. 14. Storm drainage and erosion and sedimentation control shah meet the requirements of the Washington State Department of Ecology Storm Water Management Manual for Puget Sound. An engineered drainage plan shall be submitted to the Department of Public Works for approval. Security fencing shah be installed around the detention pond system to be built in the southeastern portion of the parcel. A sediment and erosion control plan must be approved by the City Engineer prior to any on-site Prel/min~ Plat/PUD Hearing Examiner Larson (PLO 1-0039) Page - 18- City of Bremerton construction activity. 15. The pedestrian traft shown on the Site Plan shall be fully constructed by the developer of the project prior to final plat approval. This pedestrian trail shall be constructed according to standards required by the Department of Public Works. A plan for trail construction shall be submitted to the Public Works Department for approval prior to beginning construction on the site. 16. All infrastructure and utilities constructed for this subdivision shall meet current City of Bremertun design and construction standards. 17. The Class Ill wetland on the southern half of the sites shall be maintained in it's natural condition. A 50-feet wetland buffer shall be maintained in its natural condition without disturbance, except for the construction of a pedestrian trail as designated on the Site Plan. Construction fencing shall be installed during grading and construction on the site to protect the wetland buffer from damage or encroachment. To mitigate for the loss of the Class III wetland on the northern portion of the site, the applicant shall submit a mitigation enhancement or restoration plan which conforms to the requirements of BMC 21.22.260. The enhancement or' restoration mitigation should be undertaken on the site to enhance the existing protected wetland remaining on the site. This mitigation plan must be approved prior to final plat approval. The applicant must post a cash performance bond or other acceptable security to guarantee compliance with the mitigation plan prior to beginning any site work, as is required by BMC 21.22.270. The Director's approval of the mitigation plan is required before any clearing or grading are permitted on the site. 18. All outside lighting shall be consistent with the architectural design of the project and shall comply with the lighting regulations included in BMC 21.02.250. 19. If during construction any artifacts of significant historical or cultural resources are uncovered, the applicant is required to notify the City of Bremerton Department of Community Development or the State Historic Preservation Office in Olympia, Washington, to determine if any modifications of this proposal will be required. Preliminary Plat/PUD Hearing Examiner Larson (PLO 1-0039) Page - 19- City of Bremerton 20. Prior to any clearing or grading on the property, the applicant shall obtain a Forest Practices Permit from the Washington State Department of Natural Resources, or in the alternative, a letter from the Department of Natural Resources stating that no permit is required. 21. The perimeter setbacks delineated on the Site Plan assume a building height for residential buildings in this PUD of no more than 25-feet. If the final design for buildings in this PUD exceed the height of 25-feet, then perimeter setbacks must be increased in accordance with BMC 21.02.490. 22. To limit noise impacts on neighboring properties, outside construction activities at this site shall be limited to 7:00 a.m. to 7:00 p.m. weekdays, not including legal holidays, and 9:00 a.m. to 6:00 p.m. Saturdays, not including legal holidays. 23. Ali trash containers, outdoor storage areas and utility facilities must be screened with vegetation to soften their visual impact on surrounding uses. This landscaping shall be described in the Landscaping Plan submitted to the Director for approval. All landscaping must be planted prior to final plat approval. 24. Adequate off-street parking must be provided on each lot in this PUD. No on-street parking will be allowed along the private roadway in this PUD or along Rickey Road. "No Parking" signs which conform to the design standards of the City of Bremerton shall be installed along the private roadway and Rickey Road by the developer. Ali signs must be submitted to the Department of Public Works for approval before installation. RECOMMENDATION It is recommended that this application for Preliminary Plat/PUD be approved subject to the conditions listed above in Conclusion of Law 16. Dated this 11' day of June, 2002. Robin Thomas Baker Interim Hearing Examiner Preliminary Plat/PUD Hearing Examiner Larson (PLO 1-0039) Page -20- City of Bremerton