BETHANY DECISION OFFICE OF THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the matter of an Application
for Conditional Use Permit
Applicant: Bethany Lutheran Church
___________________________________
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NO. CUP06-24-99-1
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND DECISION
SUMMARY
Bethany Lutheran Church has requested a Conditional Use Permit to construct an accessory building approximately forty feet by fifty feet (40' x 50') in size for classroom educational
use, and to construct a twenty-four foot (24') diameter yurt for educational and fellowship use at the premises located at 7968 Finch Road on Bainbridge Island. The construction of
these two buildings will require the relocation of an existing playground and the additional landscaping and utilities. This project requires an amendment to the 1991 Kitsap County
Unclassified Use Permit issued to Bethany Lutheran Church. The Conditional Use Permit is granted.
FINDINGS OF FACT
1. Bethany Lutheran Church is the owner of a parcel of land, triangular
in shape, bound by Sportsman Club Road, High School Road and Finch Road in the City of Bainbridge Island. The property address is 7968 Finch Road. The parcel is identified by tax
parcel numbers 272502-2-002-2008, and 272502-2-039-2005. The parcel is legally described as follows:
Th Pth of NE 1/4 NW 1/4 Paf, Bat X of Ely Mgn Of Finch Rd With The Wly Mgn of Sportsman
Club Road Th N Alg Finch Rd 650 Ft th E350 Pt to Sportsman Club Rd th Swly Along Sd rd to POB Being Taxable Pth of Acct No 272502-2-002-2008 Per Dept of Revenue Reg. No. 02696-001
That
Prn of W ½ NE 1/4 NW 1/4 Lying E of Con Rd N 144 Donahue Rd and Lying Nwly of Port Blakely to Port Madison Rd Sportsman Club Rd Ex that Pt Conveyed to Kitsap County Under uditor File
No. 166087 Exc the Sly 850 Ft Thof Per Dept of Revenue Reg. No 02696-001
2. The project site has a zoning designation of R-0.4, one residential unit per 2.5 acre density, and a Comprehensive Plan designation of ORS-0.4, Open Space Residential, one unit per
2.5 acre density. Under BIMC 18.36.030 educational and religious facilities are allowed as
conditional uses in the R-0.4 zone.
3. This project site is approximately 7.5 acres. The site presently contains a Church Sanctuary/Fellowship Hall structure with a seating capacity
for 225 persons. Parking for the church is provided by a 124 space parking area with ingress and egress locations along Finch Road. Also on the site are a garbage collection area, a
playground equipment area, improved ball fields with a 400 sq.ft. maintenance shed, formal landscaped areas, several small tree farm parcels and a lightly landscaped open space area.
The parking area is a shared use lot for commuter parking during normal work week days and hours.
4. Bethany Lutheran Church obtained an Unclassified Use Permit from Kitsap County
in 1991, which included plans for the building of an additional classroom structure at a future date. The 1991 Unclassified Use Permit was allowed under Resolution No. 079-1991. The
application for Unclassified Use Permit was approved with the following conditions:
The requirements of the County Health Department for the community water system and individual on-site
systems shall be adhered to.
The applicant shall provide fire hydrants, fire flow and fire protection systems adequate to meet the requirements of the Kitsap County Fire Prevention Bureau
in all respects.
The requirements of the Department of Public Works, Engineering Division shall be met as follows:
The existing “fire lane” onto Sportsman Club Road shall be widened
to accommodate two lanes of traffic or the access will have to be gated.
The cost of the relocation of the signal beacon at the High School Road and Sportsman Club intersection will
be the responsibility of the applicant.
Road approach permit(s) must be obtained from Public Works Department before construction begins.
Access to and from the property be limited to
access shown on the preliminary site plan and approved prior to final approval by the Kitsap County Public Works Department, Engineering Division.
The requirements of the Department
of Public Works, Hydraulics Division shall be met as follows:
Final detailed drainage construction plan and analysis, pursuant to Kitsap County Drainage Ordinance No. 117. The bio-filtration
swale shall be designed in accordance with most current engineering practices.
The owner shall be responsible for maintenance of the storm drainage facilities for this development following construction. Prior to issuance of any occupancy permits for this development,
the person or persons holding title to the subject property for which the storm drainage system was required shall record a Declaration of Covenant which guarantees the
County that the system shall be properly maintained. Wording must be included in the Covenant which will allow the County to inspect the system and perform necessary maintenance should
it become evident that the system is not performing properly. This would be done after notifying the owner and giving him a reasonable period of time to do the necessary work, the owner
will be billed the maximum amount allowed by law.
Prior to September 15th of each year the owner shall submit a certified letter stating the stormwater system has been cleaned and in
full operation for the coming winter season.
Signs shall comply with the requirements of Section 19.b of the Kitsap County Zoning Ordinance.
Artificial outdoor lighting shall be arranged
so that the light is directed away from adjoining properties so that no more than one (1') foot candle of illumination leaves the property boundary.
All landscaping shall comply with
Kitsap County Ordinance 93-M-1989.
Landscaping shall screen the parking areas from surrounding residential properties. Additional plantings of site obscuring conifers shall be depicted
on the final landscaping plan and planted around the parking area, entrance areas, along High School Road and sports field area.
The applicant shall provide a final landscape plan pursuant
to Section 19e of the Zoning Ordinance to be reviewed and approved by the Department of Community Development for recommendation to the Board of County Commissioners prior to final approval.
Upon installation of said landscaping, the Department of Community Development shall inspect and approve it prior to occupancy. If this occurs after March 1, 1991, the city of Winslow
shall enforce this condition.
Existing landscaping shall be retained to the maximum extent possible, except as stated herein. Landscaping shall be maintained by the owner.
Parking shall
be specifically limited to on-site parking only.
The Applicant shall obtain necessary building permits and approvals based upon conditions and conclusions of Unclassified Use Permit
and requirements of the Uniform Building Code.
All proposals of the Applicant shall be conditions of approval. This shall be buffers, minimum setbacks, landscaping, parking, and buildings.
The
1990 application included a description of phasing for the site including a Phase II for church building additions.
5. A SEPA Determination of Non-Significance was issued by the Director
of the Department of Planning and Community Development on October 9, 1999. No appeals were filed. The DNS became final on October 27, 1999.
6. On October 29, 1999, notice of the November 19, 1999 public hearing was posted on the project site. Notice was also published in the Bainbridge Review on October 27 and November
3, 1999, and posted at the City Hall, the Ferry Terminal, and the Chamber of Commerce in advance of the hearing, and mailed to surrounding property owners as required by BIMC 2.16.
7. No comments were received from the general public concerning this Conditional Use Permit application.
8. This site is served by the following public utilities:
Water: Individual
on-site well for potable water use and City of Bainbridge Island water for fire suppression use.
Sewer: On-site septic system.
Storm drainage: On-site storm water infiltration system.
9. Police
protection is provided by the Bainbridge Island Police Department and fire protection is provided by Bainbridge Island Fire District No. 23.
10. Properties surrounding the project site
have the following uses:
North: Single-family residential.
East: Single-family residential.
South: Single-family residential.
West: Single-family residential.
The properties to the
west and north of the project site are zoned R-0.4, and the properties to the south and east of the site are zoned R-2. The far southern tip of the project site is near land zoned R-1.
11. The
new structures added by this project will be accessory to the use of the property as a religious institution. The new classroom building and the yurt will be used for educational and
fellowship purposes.
12. This Conditional Use Permit Application requests permission for permanent placement of a yurt on the grounds near the Sanctuary building. This yurt will be
used by the congregation for fellowship and educational classes. The yurt is already in place on the property under the authority of a Temporary Building Permit (BP#7211CM).
13. This
application was sent to the Bainbridge Island Fire Department for comment. The Fire Department submitted two sets of comments, one dated July 14, 1999, and a second dated August 6,
1999. The Fire Department comments on the project are as follows:
Bainbridge Island Fire Department (July 4, 1999):
A new fire hydrant is required to be installed on-site. Installation
shall be
submitted to Public Works Engineering and the Fire Department for approval.
The hydrant shall be installed and approved prior to occupancy of the new building.
If this building is classified
as an E-1 occupancy, a fire alarm system is required to be installed throughout.
Bainbridge Island Fire Department Review of Building Permit Application (August 6, 1999)
1.1. Installation plans for the new fire hydrant shall be submitted to Public Works Engineering and the Fire Department for approval. The hydrant shall be installed and approved prior
to occupancy of the new buildings.
The plans indicate the building is classified as an A3 occupancy. A fire alarm system is not required for this occupancy classification. However,
it is strongly recommended that a fire alarm detection system be installed throughout the building consisting of smoke detectors in the basement level and corridor and classrooms of
the first level.
Two fire extinguishers shall be located in the building, one for each floor level. The fire extinguishers must have a minimum class rating of 2A/10 BC.
14. This application
was also submitted for review by the Bremerton Kitsap County Health District. Their comments were dated July 18, 1999, and November 1, 1999. The Health District recommended approval
subject to the following conditions:
The Health District has approved a Building Site Application for On-site Sewage Disposal (BSA) and a Commercial Building Clearance on 9-29-99.
A
Sewage Disposal Permit for the installation of the new septic and pump tanks will be required. These must be installed and approved by the Health District prior to occupancy.
A water
meter is required to be installed in order to monitor water consumption to the on-site sewage system.
An operation and maintenance contract with a certified Kitsap County Maintenance
Specialist is required prior to final approval of the sewage permit.
The Health District has reviewed the application and given preliminary permit approval to the proposed amended use
and its associated impacts on the on-site potable water system.
15. This application was submitted for comment to the Washington State Department of Transportation which returned a
“no comment” letter on August 23, 1999.
16. The City of Bainbridge Island Public Works Department also participated in the review of this application. By memorandum dated September
10, 1999, Melva Iallonardo from the Public Works Department approved the Building Permit Application and Conditional Use Permit Application provided the applicant address the following
comments:
Stormwater
The plan submitted for the CUP appears to adequately address future planning. The Stormwater requirements are dealt with currently in the present Building Permit.
Attached
are copies of comments from various City of Bainbridge Island staff. Address any of the issues brought forth in that correspondence.
The tap for the waterline to hydrant is unacceptable.
Cut in a tee for this tap. Coordinate requirement with Dan Uren, Utilities Supervisor.
Does the proposed storm system also serve the Yurt?
...the 8" A.C. line on Sportsman should not
have a size on size tap. It will remove too much material. If they want a 8" line for fire flow. It is my recommendation that they cut in a tee.
Plan Review Fees need to be reviewed
and approved for collection.
Surveying
Project plans do not identify the boundary of the tract. Show boundary with bearings and distances to relevant subdivision monuments.
Project must be on City of Bainbridge
Island Datum. Contact City Engineer for nearest benchmarks.
A licensed land surveyor must perform topography. (See RCW 18.43.020(D)).
Operations and Maintenance
Need utility plans
in order to comment on compliance with City standards.
Storke fitting needed. (the correct term is “Stortz” fitting on hydrant, at 4 inches.-DR).
Is this only for fire hydrant? No
service line connected to this line, if so DCVA (double check valve assembly - DR) will be required because of well on property.
The City Public Works Department has reviewed the project
and has given conditional approval of the proposed amended use for compliance with the Stormwater Design Standards of BIMC 15.20 and 15.21.
17. The proposed additions to this religious
facility are compatible with the natural landscape features of the site. The east portion of the parcel, which is the construction site for this proposal, has Harstine gravelly sandy
loam soils and fifteen to thirty percent slopes. This is a permissible conditional use in the R-0.4 zone and is consistent with the OSR 0.4 Comprehensive Plan designation for the site.
18. The
maximum lot area covered by buildings in the R-0.4 zone cannot exceed 10% under BIMC 18.36.050. BIMC 18.108.040(C)(1)(g) further restricts religious facilities to only 50% of the underlying
residential zoned lot coverage standard. Approximately 4.3% of this lot will be covered by buildings if this new amended use is allowed.
19. Since this project site is triangular in shape and is bounded on all sides by public streets, the minimum yard setback on all property lines is 25'. No structure on the site is
closer than 96' from any property line.
20. In this zone, the maximum building height permitted is 30'. The proposed new building will be approximately 19.75' in height. The yurt,
which is already in place, is approximately 15' in height.
21. There are 124 developed parking spaces on the site. The 1991 Kitsap County Unclassified Use Permit included a parking
area of approximately 35 additional spaces that remain undeveloped. Under current development standards only 45 parking spaces would be required for the main assembly area of the Church.
The existing use of the property and the addition of the yurt and new classroom building do not require any increase in parking available on the site. It is not anticipated that the
amended use for classrooms will result in any additional need for parking area. All parking areas are located outside of the required yard setbacks.
22. The proposed new classroom structures will be a logical extension of the existing features at the site. No new access points or new patterns of circulation are proposed or anticipated
for the use of those facilities. The playground area, presently located on the proposed building site for the classroom structure, will be moved to an area closer to the adjacent road.
The playground area will be designed to provide screening and landscaping separation from the street. New pedestrian walkways are proposed to serve the new classroom structure, the
yurt and the relocated playground area. The new walkways will be constructed predominantly of 5' x 5' concrete pavers and are designed to be an extension of the existing walkway circulation
pattern at the site. No new crossings of the internal parking areas are proposed and no external pedestrian access routes are proposed.
23. The applicant has submitted a landscape
planting plan as a part of the site plan. The planting plan has been prepared under the direction of a certified nurseryman. The plan contains perimeter landscape buffer including
shrub and ground cover, however, the Perimeter Landscape Standards also require at least six trees to be included in the landscaping plan. A revised landscaping plan should be required
as a condition of approval to ensure compliance with BIMC 18.85.
CONCLUSIONS OF LAW
1. This application is properly before the Hearing Examiner as required BIMC 18.108.020(D). Adequate
legal notice was given of the Public Hearing held on November 19, 1999 at the Rolling Bay Municipal Courtroom.
2. Bethany Lutheran Church is the legal owner of the parcel on which
these project
improvements will be built.
3. BIMC 18.108.040 sets forth the decision criteria for a Conditional Use Permit approval.
BIMC18.108.040(1):
The conditional use is harmonious and appropriate
in design, character and appearance with the existing or intended character and quality of the development in the immediate vicinity of the subject property and with the physical characteristics
of the subject property.
This project proposes to add additional classroom and fellowship spaces to the Bethany Lutheran Church facility. The yurt and additional classroom building
have been designed to be harmonious with the design, character and appearance of the existing church facility, and are appropriate in size and scale to accommodate the physical characteristics
of the church site.
BIMC 18.108.040(2):
The conditional use will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities.
This
amended Conditional Use Application provides for classroom and fellowship buildings which will be served by existing public roads, will be served by adequate potable water from an existing
well system on the property, will be provided fire protection through the City of Bainbridge Island Water System, will have an on-site septic system for sewage disposal, and an on-site
storm water drainage system to handle any additional stormwater run-off from the expanded use of this site.
BIMC 18.108.040(3):
The conditional use will not be materially detrimental
to uses of property in the immediate vicinity of the subject property.
The addition of two more classroom spaces for the Bethany Lutheran Church is an appropriate use of this large
parcel of property owned by the Church. The expansion of the religious facilities to include additional classroom space was contemplated in the original application for Unclassified
Use Permit granted by Kitsap County in 1991. No objection to the expansion of the use for classroom spaces has been filed by any member of the public nor any neighboring property owner.
The continued use of this property for church facilities is not materially detrimental to uses of property in the immediate vicinity of the subject property and is consistent with the
history of use of this parcel in this neighborhood.
BIMC 18.108.040(4):
The conditional use is in accord with the Comprehensive Plan.
The use of this property as a religious facility is consistent with the Comprehensive Plan designation of OSR-0.4 Open Space Residential, since it is a permissible use in the R-0.4
zoning district. The amended use has been reviewed for consistency with the Comprehensive Plan’s Goals and Policies and is found to be consistent.
BIMC 18.108.040(5):
The conditional
use complies with all other provisions of this Code.
Appropriate Conditions of Approval have been recommended by the Planning Staff to bring this application in compliance with all
provisions of the BIMC. Some revisions to the application will be required to gain that compliance, including additions to the proposed perimeter landscaping plan. Provided all conditions
recommended by the Planning Staff are complied with by the applicant, this application will comply with all applicable provisions of the BIMC.
BIMC 18.108.040(6):
The conditional use will not adversely effect the area or alter the area’s predominantly residential nature.
This application is for an amended use of an already
existing Unclassified Conditional Use of the property for a religious facility. The proposal is for expansion of that religious facility within the bounds of the application originally
filed for the 1991 Unclassified Use Permit. The religious facility’s lot coverage will remain within the required 5% building footprint and will be enhanced by additional screening
landscape features which will provide additional landscaping buffers from adjoining roadways and surrounding properties. In addition, the expansion of the use of the religious facilities
will not encroach upon the recreational use currently existing in the open space on this property.
BIMC 18.108.040(7):
All necessary measures have been taken to eliminate the impacts
the proposed use may have on the surrounding area.
Impacts to the surrounding area from these proposed improvements have been addressed by the requirement of additional landscape screening,
improvements to the potable water system, provision of adequate fire protection through the City of Bainbridge Island Water System, additions to the sanitary sewer systems on the property
and additions to the stormwater drainage system to accommodate any additional stormwater run-off attributable to this expanded use.
11. Educational, cultural, governmental, religious
or healthcare facilities in residential zones must be processed as regular conditional use permits and meet the following criteria, in addition to those listed in Conclusions of Law
4-10 above:
Applicants are required to submit a Traffic Report showing the effects of Level of Service (LOS) on affected roads. Proposed mitigations for degradation of the LOS may be submitted
as a part of the application.
This proposed amended use does not require the submittal of a Traffic Report. Changes in traffic volumes and impacts on the Level of Service of roads
accessing this property are minimal since this expansion is for building of classroom space to accommodate children and other members currently attending Bethany Lutheran Church. These
structures will accommodate expanded classroom space for classes now being held in the main building.
All sites must front on roads classified as Residential Suburban or above on the
Bainbridge Island Functional Road Classification Map.
This religious facility site is located on a piece of property bordered by Sportsman Club Road and High School Road which are classified as Secondary Arterials, and by Finch Road which
is a Collector road on Bainbridge Island Functional Road Classification Map. Both these classifications are above the Residential Suburban classification required.
Noise levels shall
be in compliance with BIMC 16.16.020 and 16.16.040(A).
The proposed amended use is not expected to increase noise levels at this site. No comment has been received from any surrounding
property owners that appropriate noise levels have been exceeded in the past. There is no expectation that the noise levels currently produced at the site will be increased by the addition
of these two new accessory structures.
The appropriate approvals for sewer and water supply must be submitted at the time of application.
The Bremerton Kitsap County Health District
and the applicant have agreed to a preliminary design for the potable water and sanitary septic system at the site, and preliminary approvals for those systems have been received from
the Health District.
A fencing plan or alternative methods to protect the public, safety and welfare must be submitted at the time of application.
The existing use and proposed amended
use of the property do not present a threat to the public health, safety and welfare. No fencing plan for the site is necessary. The buildings are setback a minimum of 96 feet from
any adjoining road and the playground area will be appropriately landscaped and bermed to provide some screening and protection for children using the playground facility for supervised
play.
The applicant shall provide perimeter buffers of vegetation, either retaining existing or planting a new one in compliance with BIMC 18.85.070(D)(4).
A landscape plan has been reviewed
as a part of this project for compliance with the Standards of BIMC 18.85.070(D)(4). Conditions will require additions to the landscaping plan as well as a requirement for replacement
of trees in the tree farm area if trees are removed in the future. The recommended additions to the plan and other conditions of approval will bring the project into full compliance
with perimeter buffering standards.
These conditional uses are limited in lot coverage to only 50% of allowable lot coverage in the zone in which they are located.
Allowable lot coverage in the R-0.4 zone is 10%. This site contains 326,700 sq.ft. Existing approved buildings, including the sanctuary expansion not yet constructed, cover approximately
11,145 sq.ft. The two proposed buildings, the classroom structure and the yurt would add approximately 3,026 sq.ft. of coverage. The total building coverage for the site upon approval
would be approximately 14,171 sq.ft. or 4.3% of the site.
Vehicular, pedestrian and bicycle access and site circulation must be submitted at the time of application and approved by
the City. The City Engineer may modify the requirements of BIMC 18.81.020(D) and allow alternative driveway and parking surfaces; provided, that the allowed surface(s) meets the City’s
requirements for handling surface water and pollutants.
The proposed revisions to the existing site plan’s circulation are limited to additional pedestrian access surrounding the
new structures. The additional features are a logical extension of the existing features, are appropriate and are sized proportionally for the proposed use of the structures. Connection
to existing circulation routes is made for the new structures. There are no proposed alterations to driveway or parking surfaces and none are necessary to accommodate the proposed
revisions.
12. In order for this Conditional Use Permit application to comply with the requirements of BIMC, certain conditions must be attached to the project. Those conditions are
as follows:
CONDITIONS
A. A final landscaping plan shall be submitted to and approved by the City of Bainbridge Island Department of Planning & Community Development, which complies
with the standards of BIMC 18.85.070(B)(2) and (D)(4) for a partial screen along the perimeter of the improvement frontage. This
perimeter frontage length shall extend approximately 120 feet across both the classroom and yurt eastern frontages, and include all necessary trees, shrubs and ground cover components.
The width of the buffer shall be 25 feet unless otherwise requested for averaging.
If and when the Christmas tree farm located to the south of this improvement area is harvested, thus
narrowed to a width less than 25 feet, like trees must be replanted within the next growing season to continue to provide a perimeter landscape buffer. If this landscape buffer area
is no longer to be used for a tree farm, then alternative perimeter landscape buffer plantings must replace removed trees. A new landscaping plan for this buffer area must then be submitted
to the Department of Planning and Community Development for approval.
A final utility plan shall be submitted to and approved by the City of Bainbridge Island Public Works Department, prior to issuance of the Building Permit for the classroom structure.
A. A
new fire hydrant is required to be installed on-site. Installation plans for the new fire hydrant shall be submitted to City of Bainbridge Island Public Works Department and the Bainbridge
Island Fire Department for approval. The new hydrant shall be installed and approved prior to occupancy of the new buildings.
If the classroom building is classified as an E-1 occupancy,
a fire alarm system is required to be installed throughout. Present plans indicate the building is classified as an A3 occupancy. A fire alarm system is not required for this occupancy
classification. It is strongly recommended that a fire alarm detection system be installed throughout the building. This system should include installation of smoke detectors in the
basement level and in the corridor and classrooms on the first floor level.
Two fire extinguishers shall be installed in the classroom building, one on each floor level. Each fire extinguisher
must have a minimum class rating of 2A/10 BC.
The following actions shall be performed to the satisfaction of the Bremerton Kitsap County Health District prior to occupancy of the new
classroom structure:
A Sewage Disposal Permit for the installation of the new septic and pump tanks will be required. The installation of these tanks must be approved by the Health
District prior to occupancy.
A water meter is required to be installed to monitor water consumption to the on-site sewage system. The installation of the meter must be approved
by the Health District prior to occupancy.
An operation and maintenance contract with a certified Kitsap County Maintenance Specialist is required prior to final approval of the sewage
permit. A copy of this contract must be provided to the Health District and approved by the Health District prior to occupancy.
In order to prevent loss of significant archaeological resources, the following measures must be taken: In the event phenomena of possible archaeological interest is uncovered during
site activities, all work will stop immediately and notification shall be promptly given to the City and State Office of Archaeology and Historic Preservation. In such a case, the applicant
shall be required to provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. The
applicant shall receive permission from the State Office of Archaeology and Historic Preservation prior to further disturbance of the site (RCW 27.53.070 or its successor).
A copy of
all public agency approvals and approved drawings shall be given to all contractors performing work at the site.
DECISION
The Conditional Use Permit is granted, subject to the conditions
listed in Conclusion of Law 12. This approval is given for the project described in the plans received by the Department of Planning and Community Development on July 26, 1999. (Applicant’s
plan dated 7/20/99).
Dated this __________ day of December, 1999.
By:__________________________
Robin Thomas Baker
Hearing Examiner Pro Tem
City of Bainbridge Island.
APPEAL
The
decision of the Hearing Examiner is the final decision of the City unless within twenty-one (21) days after issuance of the decision, the decision is appealed to the City Council
in accordance with the requirements of BIMC 2.16.140.