BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON

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1 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of ) NO. PL ) Rainier Vista Bill Bakker ) ) FINDINGS, CONCLUSIONS For Approval of a Preliminary Plat. ) AND RECOMMENDATION ) SUMMARY OF RECOMMENDATION The Hearings Examiner recommends to the Bremerton City Council that the request for approval of a Preliminary Plat to subdivide.96 acres of land into four single-family residential lots be GRANTED, with conditions. SUMMARY OF RECORD Request Bill Bakker of Solid Seven Construction (Applicant) requests approval of a Preliminary Plat to subdivide two lots totaling.96 acres into four single-family residential lots. 1 The subject property is located on the south side of East 31 st Street, 100-feet west of Pawnee Drive in Bremerton, Washington. The parcels are recorded as Tax Account Numbers and Hearing Date The held an open record hearing on the matter on July 8, During the course of the hearing, the Applicant testified that the subject property contained a marsh-like area. He stated that he did not know whether the marsh-like area was a wetland because he had not had the subject property inspected for that purpose. Because the existence of a wetland can trigger additional environmental review, the Hearings Examiner left the record open so that the Applicant could have the subject property evaluated. A wetland evaluation and report was submitted to the Hearing Examiner on July 18. Testimony The following individuals presented testimony under oath at the open record hearing: 1. Mr. Robert Grumbach, City of Bremerton Planner 2. Bill Bakker, Applicant Exhibits The following exhibits were admitted into the record at the open record hearing: Exhibit 1: Staff Report dated July 8, 2003 Appendix A: Application received April 10, The City approved a short plat subdivision for the subject property on October 18, 2001, which created the existing two lots. Exhibit 1, Appendix D.

2 Appendix B: SEPA Determination of Nonsignificance and Environmental Checklist issued June 12, 2003 Appendix C: Zoning Map Appendix D: Prior Plat Approval dated October 18, 2001 Appendix E: Certificate of Water Availability dated July 1, 2003 Appendix F: Engineering Review dated October 2, 2001 Appendix G: Improvements Agreement dated April 28, 2002 Appendix H: Affidavits of Notice Appendix I: Department Comments Appendix J: Public Comments (2 letters) Exhibit 2: Wetland Evaluation and Report by Wiltermood Associated, Inc. dated July 17, 2003 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings, Conclusions and Recommendation: Page 2 of 6 FINDINGS 1. The Applicant requested approval of a Preliminary Plat to subdivide two lots totaling.96 acres into four single-family residential lots. The subject property is located on the south side of East 31 st Street, 100-feet west of Pawnee Drive in Bremerton, Washington. The parcels are recorded as Tax Account Numbers and Exhibit 1, Staff Report, page 1; Appendix A, Application. 2. The City of Bremerton Comprehensive Plan designation of the site is Low Density Residential. Comprehensive Plan goals and policies applicable to the proposal include the following: Encouraging development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Urban Growth No. 1. Accommodate new development with care so that Bremerton will continue to be a well-balanced most livable city. Supporting Policy No. 3. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Housing Goal No. 4. Provide a variety of housing types and densities to meet changing needs of Bremerton residents. New Housing Development Goal D(2). Stimulate the production of new housing for all income, age, family type and ethnic groups. Supporting Policy No The subject property is zoned Residential Low Density (SF-3), which is consistent with the Comprehensive Plan designation of the site. Exhibit 1, Staff Report, page 1. The SF-

3 3 zone accommodates single-unit homes in urban subdivisions at a maximum density of eight units per acre. The zone offers smaller minimum lot sizes to enhance affordability and encourage higher densities through creative site planning. The zone requires a minimum lot size of 5,000 square feet and a minimum lot width of 40 feet. The SR-3 zone allows a base density of 3-8 units per acre and a maximum height of 30 feet. BMC , Figure The proposed subdivision will contain four lots ranging in area from 7,987 square feet to 12,825 square feet. Lot widths will range from 80 feet to 100 feet. Exhibit 1, Appendix A, Application. The Applicant proposes to construct three middle income units on Lots 2, 3 and 4 and preserve an existing residence on Lot 1. Exhibit 1, Appendix B, Environmental Checklist; Exhibit 1, Appendix A, Site Plan. 5. The Applicant reported that the subject property contains deciduous and evergreen trees, shrubs, and grass. He reported that he would remove some existing vegetation for driveway and new home construction. The Applicant submitted that he would take erosion control measures prior to clearing and construction and that he would landscape disturbed areas to mitigate potential erosion. Exhibit 1, Appendix B, Environmental Checklist. 6. The subject property is currently served with electricity, natural gas, refuse service, telephone, water and sanitary sewer. Exhibit 1, Appendix B, Environmental Checklist. Appendix E, Certificate of Water Availability. The Applicant created a five-foot sewer easement across Lots 2 and 3 to provide service to Lots 3 and 4. Exhibit 1, Appendix A, Site Plan. 7. As a condition of the 2001 short plat approval (PL ), the Applicant and City entered into an Improvements Agreement for on April 28, The agreement addressed frontage improvements to East 31 st Street including street lighting, curbs, gutters, sidewalks and storm water conveyance piping. The agreement gave the City authority to form a local improvement district to construct the improvements or, in the event that the City chooses otherwise, the agreement gave the City authority to delegate the construction work to the Applicant. If the Applicant failed to construct the improvements within six months, the agreement gave the City authority to construct the improvements and allocate the cost to the Applicant. Exhibit 1, Appendix G. 8. The Applicant testified at the July 14, 2003 hearing that the subject property contained a marsh-type area, however he did not know whether it satisfied the City s criteria for a wetland. The Hearing Examiner requested the Applicant to obtain information about the marsh-type area and left the record open until July 18, 2003 so that the Applicant could respond. The Applicant obtained the services of Wiltermood Associates, Inc. to conduct a site view and determine whether the subject property contained a wetland. Wiltermood Associates, Inc. tested three areas on the subject property and concluded in a letter dated July 17, 2003 (Exhibit 2), there were no wetlands identified on the parcel. The City did not challenge this determination. Exhibit 2, Wetland Evaluation and Report, page 3. Page 3 of 6

4 9. The City of Bremerton Department of Community Development submitted the proposal to city agencies for review and comment. The Bremerton Fire Department returned comments that addressed access, turn-around requirements, hydrant availability, and street numbers. The City Transportation Department received notice of the application, however did not comment on the proposal. Exhibit 1, Appendix I, Staff Comments. 10. Two citizens submitted comment letters to the City in response to the request for comments issued by the City. The letters expressed concerns relating to view obstruction, traffic impact and drainage control. Exhibit 1, Appendix J, Citizen Comments. 11. The City of Bremerton was designated lead agency for review of environmental impacts caused by the proposal. The City considered the comments of citizens prior to issuance of its threshold determination. The City Responsible Official determined that the proposal would not have probable significant environmental impacts and issued a Determination of Nonsignificance (DNS) on June 12, Exhibit 1, Appendix B, SEPA DNS. 12. Notice of the open record hearing was posted on site on June 23, 2003, mailed to adjoining property owners on June 19, 2003 and published in The Sun on June 24, 2003 in accordance with City of Bremerton notice requirements (BMC ). Exhibit 1, Appendix H. CONCLUSIONS Jurisdiction Pursuant to Sections , and of the Bremerton Municipal Code (BMC), the Hearings Examiner of the City of Bremerton has jurisdiction to hold open record pre-decision hearings on Preliminary Plat applications and recommend action to the City Council. The recommendation may be to approve, approve with conditions, or deny the application. BMC Criteria for Review To recommend approval of a Preliminary Plat, the Hearing Examiner must find that the application satisfies the criteria for a Preliminary Plat; is consistent with the Comprehensive Plan; and conforms to all applicable City development regulations, minimum standards, and design guidelines. BMC The criteria for approval of a Preliminary Plat are found in Chapter of the Revised Code of Washington. Pursuant to RCW (2), a Preliminary Plat application may not be approved unless: (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 students who only walk to and from school; and Page 4 of 6

5 (b) the public use and interest will be served by the platting of such subdivision and dedication. Conclusion Based on Findings 1. The proposal is consistent with the Comprehensive Plan. The proposal will provide affordable housing for the City of Bremerton. Lot sizes will range in size, which will accommodate various home sizes. The proposal will incorporate and preserve an existing residence. Urban services are available to the subject property. Findings of Facts Nos. 1, 2, 3, 4, 6, The proposal is consistent with identified zoning standards. The proposed subdivision will create four lots ranging from 7,987 square feet to 12,825 square feet in area. Lot widths will vary from 80 to 100 feet. The completed project will yield four residential units on approximately one acre. View obstruction will be minimized by a City housing height restriction of 30 feet. 2 Findings of Facts Nos. 3, With conditions, appropriate provision will be made for the public health, safety and general welfare and for all other relevant facts. The proposal will create four lots for residential development. The Applicant will construct each lot and associated singlefamily unit in accordance with City of Bremerton zoning requirements including setbacks, lots size, and density standards. Conditions of approval will mitigate traffic impact by requiring frontage improvements. The City Fire Department has set forth safety requirements, which the Applicant will satisfy with conditions of approval. The City conducted environmental review of the proposal and determined that it would not result in significant adverse environmental impacts. Water, sewer, garbage service, natural gas, electricity and telephone are available to each of the four lots. The Applicant will preserve existing vegetation where possible and will take measures prior to clearing and construction that will mitigate erosion. Conditions of approval are necessary to ensure adequate fire flow, future frontage improvements and protection from erosion during clearing and construction. Findings of Facts Nos. 1, 4, 5, 6, 7, 8, The public use and interest will be served by the creation of four single-family residential lots complying with City of Bremerton zoning standards. The proposed plat will provide increased housing opportunities for residents of Bremerton in a manner consistent with the criteria for approval of preliminary plats. Findings of Fact Nos. 1-8, The Hearing Examiner notes that there is no right to a view across other properties in Washington State unless provided by covenant between property owners. See Pierce V. Sewer & Water District, 69 Wn. App. 76 (1993). Page 5 of 6

6 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearings Examiner recommends approval of a Preliminary Plat to subdivide two lots totaling.96 acres into four single-family residential lots, as depicted on the Preliminary Plat Map (Exhibit 1, Appendix A), subject to the following conditions. 1. The subdivision shall comply with all conditions specified in the conditional water and sewer availability letter from the City of Bremerton Public Works and Utilities Department. 2. The Applicant shall comply with all City Fire Department recommendations (Exhibit 1, Appendix I). The Applicant will provide fire flow and hydrant if not available. 3. The applicant shall provide a signed improvement agreement for future frontage improvements for this approval, as required by the City of Bremerton Municipal Utilities. 4. The applicant will obtain addresses from Public Works, which will be indicated on the final plat. 5. The Applicant shall install erosion control prior to clearing and construction. The Applicant shall install permanent stormwater drainage and take erosion control measures that will prevent increased runoff to existing homes located below the proposed subdivision, along Pawnee Drive. 6. A final plat meeting applicable development standards and conditions shall be submitted to the City for approval within five years of the date of preliminary plat approval. Decided this day of July Theodore Paul Hunter Page 6 of 6