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GRACE EPISCOPAL CHURCH CITY OF BAINB~E ISLAND OFFICE OF THE HEARING E~R APPLICATION FOR ) CU~1249 CONDITIONAL USE PERMIT ) FIND~GS OF FACT APPLIC~: GRACE EPISCOPAL ) CONCLUSIONS OF LAW CHURCH (BRUCE ANDERSON) ) AND DECISION ) S~Y The Diocese of Olympia, Inc. on behalf of Grace Episcopal Church of Bainbridge Island, retained Bruce Anderson, Cutler Anderson Architects, to make application for a Conditional Use Permit (CUP) to establish a church building on property owned by Grace Church near the intersection of Day Road East and State Route (SR) 305 in the City of Bainbridge Island. The church buildings will be accessed over a joint access easement road shared with The Island School. Grace Church will construct a 12,000 square foot church and related site improvements on property located directly south of The Island School property. The church will be built on the western portion of the 10-acre site. Several acres on the eastern portion of the site are proposed for development as agricultural land. Full screen vegetation buffers will be planted on the north, west and south property lines to screen the church buildings from surrounding property uses. The church building will not be visible from Day Road East. A Conditional Use Permit .with mitigating conditions has been approved for Grace Episcopal Church. FINDINGS OF FACT 1. Bruce Anderson of Cutler Anderson Architects has filed an application for Conditional Use Permit to build Grace Episcopal Church on property owned by the Diocese of OlymPia, Inc., near the intersection of Day Road East and SR 305 in the city of Bainbridge Island. The Diocese of Olympia, Inc., is the legal owner of property identified by Kitsap County Tax Account No. 102502-2-004-2005. The legal description for the Proposed church site is as follows: THE $O U~~$T Q U/IR~R OF THE NORTH~$T Q UARIER OF THE NORTHWEST QUARTER, SECTION 10, TO WNSHIP 2.$ NORTH, RANGE 2 FA ST, W.M. IN KITSAP CO UNTY, WA SHING TON. This application also affects property owned by the Island School which is identified under Tax Account No. 102502-2-044-2007. The Island School signed an owner/applicant agreement authorizing Mr. Anderson to also proceed on their behalf. The access road over The Island School property will be jointly used by The Island School and Grace Episcopal Church. The Island School and the Diocese of Olympia, Inc., entered into an Easement Agreement detailing CUP11249 Heating Examiner Crmce Episcopal Chumh Page-1- City of Bainbridge Island the terms of that access easement [EXHIBIT 46]. 2. The project site is 8ently rolling with scattered areas having slopes of more than 15%. A non-rated wetland is located on the adjoining property to the south. The proposed building site will be more than 200-feet north of the south property line and this wetland will not be impacted. Ninety Percent of the site is covered with Kapowsin gravelly loam. In this soil type, permeability is moderately rapid above the hard pan. Building site clearance for the proposed septic system will be evaluated by the Bremerton-Kitsap County Health District. 3. The project site has a zoning designation of R-0.4 (one unit per acre), and a Comprehensive Plan designation of Open Space Residential OSR-0.4. Bainbridge Island Municipal Code (B~C) 18.36 describes the requirements for the R-0.4 zone. Educational and religious facilities are allowed conditional uses in the zone. (B~C 18. 36. 030) ~ 4. A SEPA Determination ofNonsignificance (DNS) was issued by the Director of Planning and Community Development on November 10, 2001. No written comments or appeals were received on that notice and the DNS became final on December 4, 2001. 5. Grace Episcopal Church financially participated in the North Bainbridge Water Company water service expansion project on Day Road. Grace Episcopal Church received a water service av~ability letter the North Bainbridge Water Company in December of 2001. This commitment for water service was effective umil February 28, 2002. The record in this hearing did not close until April of 2002, when a copy of the Access Easement Agreement was provided by the appliCant. A follow-up verification of water service availability must be provided by the applicant. 6. This project site is accessed via a gravel driveway from Day Road East. The driveway currently serves The Island School and the Johnson family residence. This easement access road will be improved and maintained by Grace Church. The Island School will share responsibility for the first 300-feet of the easement area, measured from Day Road East. The utilities to service Grace Church will be installed along the easement area at the expense of Grace Church. Other obligations for ownership and maintenance of the easement area are included in the Easement Agreement [EXttlBIT 46]. ~ 7. The Grace Church parcel will be provided police and fire protection by the Bainbridge Island Police Department and the Bainbridge Island Fire District No. 23. 8. The church property is surrounded by properties zoned R-0.4. There are also properties zoned for Light Manufacturing (LM) in the vicinity. Properties to the north have been developed for single-family residences and The Island School. Property to the south has been developed for single-family residences and some remains undeveloped. Properties to the east are being used for fam~g. Properties to the west remain undeveloped. CLIP 11249 Hearing Examiner ~ Episcopal Church Page -2- City of Bainbridge Island 9. The Church property adjoins more than 20 acres of farmland. The Comprehensive Plan and the BIMC support policies which encourage the conservation and protection of agricultural land on Bainbridge Island. The Open Space Residential District is designated in the Comprehensive Plan for areas appropriate for low density residential development and a variety of agricultural and forestry uses. Development adjacent to areas designated as agricultural land should be designed and located so as to avoid or minimize potential conflicts with agricultural activities. The siting of Grace Church on the Western portion of a ten-acre parcel, will help to separate the church activities from the adjoining farming activities to the east. In addition, the Grace Church has proposed development of the eastern portion of its parcel for agricultural use, either in conjunction with the farming activities on adjoining property, or for agricultural use which is compatible with neighboring farms. BIMC Section 18.85.070 (4) requires a minimum 25 -foot full screen buffer between the Church and residentially zoned properties. This full screen buffer will be established on the south, west and north property lines. The perimeter buffer on the eastern property line will be modified to accommodate agricultural development of the eastern portion of the site. Vegetation screening will be established between the Church building and agricultural activities established on the parcel. 10. The applicant wishes to build a 12,000 square foot church and related site improvemems, which include a 1,000 square foot chapel, parking areas and the access driveway. The maximum lot coverage allowed in this zone is 10%. BIMC 18.108.040 (C) reduces the maximum l.ot area coverage for this project to 5%. The proposed church and small chapel will cover approximately 4% of the lot. Zoning requirements for minimum front yards, side yards 'and rear yards are met by this proposal. The front yard measures more than 300-feet in depth. The minimum proposed side yard for this building project is 160-feet, and the rear yard has been established at a minimum of 130-feet. 11. A building height up to 35-feet has been requested by the applicant. The church is to be built near the center of a 10-acre parcel, approximately 1,000-feet from the nearest public fight- of-way. The site is surrounded by large lot residential, farmland and forest land. Perimeter buffers will screen the buildings from view. The height of a vegetation fence line or buffer on the 'east side of the buildings will be limited to 25-feet to protect solar access for farmland to the east. Allowing an increase in height from 30 to 35-feet for the church building will cause no loss of view opportunities or solar access for surrounding properties. The Fire Departmem Code Managemem Official has determined that the minimum required fire flow will be available to the church buildings upon completion of construction. The building site seleCted by the applicant is relatively flat and has no identified unstable slopes or soils. These findings support the applicant's request for a building height up to 35-feet. The Departmem of Planning and Community Development (DPCD) staff has recommended the request for an additional 5-feet in height be approved. 12. Parking for the church will be built around a paved, circular drive. The required parking CUP11249 Hearing Examiner Grace Epi~opal Chumh Page -3- City of Bainbridge Island · spices (35), plus an additional 9 spaces, will be provided by 44 diagonal parking spaces along the outer side of the ring driveway. The fmished grade of the parking area will not exceed 5%, and will not exceed 10,000 square feet in area. The 44 parking spaces developed on the outer side of the ring driveway will be graveled. The access driveway from Day Road and the circular driving aisle must be hard surfaced with permanent materials and designed to dispose of surface water and pollutants from motor vehicles, as required by BIMC Chapter 15.20 and 15.21. The City Engineer has required that the driving aisle of the parking circle be signed for a one-way directional traffic pattern. The parking spaces developed along the outside of the driving lane must be delineated with curbing, railroad-ties or approved materials such as large rocks, to define the ends of parking aisles and indicate a pattern of circulation. The driveway and parking aisle improvements must be approved by the City Engineer prior to issuance of the Certificate of Occupancy for the church building. The applicant has proposed the furore development of an additional 38 grass surfaced parking spaces along the inner side of the ring driveway. To preVent degradation of the appearance of landscaping on the site and to help define the availability of additional parking spaces for overflow traffic, the staff has recommended that any overflow parking developed along the inner side of the ring driveway be constructed with a grid type material, such as "grasscrete." Appropriate provisions will be made for handicapped parking spaces, as required by Washington State regulations for barrier free facilities. Conditions will be attached to the permit approval requiring compliance with those regulations. The church building has been designed ~with an anticipated seat count of 174, therefore, 35 parking spaces are required. The Church anticipates that on particular holidays they may experience exceptionally heavy attendance. The development of additional parking spaces may be necessary. Adequate space is available around the driveway to accommodate at least 38 overflow parking spaces along the interior of the parking circle. If parking is allowed in the grassy landscaped area in the interior of the circle, damage to the landscaping could result. The reinforcement of grass landscaping on the interior of the driving circle with driveable landscape grids, such as grasscrete will enhance the utility of the area for overflow parking, while at the same time preserving the landscaped appearance of the area when it is not in use. While internal walkways throughout the parking area may be crushed gravel pathways, the waiting area at the front of the church must be surfaced with non-skid hard surfaces approved by the City Engineer for barrier-free access. Twelve bicycle parking spaces must be provided in a bicycle parking facility which allows secure locking of both flame and wheels. 13. The Church property was previously logged, however, a number of significant trees remain on the site. A significant tree retention plan must be submitted, designating the location of siffnificant trees on the parcel and outlining plans for their protection and retention. The significant tree retention plan must demonstrate that at least ! 5% of the significant trees remaining on the property will be retained. Significant trees located in designated perimeter buffer areas should be given priority for retention on the site. 14. The architectural plans for the development of Grace Episcopal Church buildings does not CUP11249 Heating Examiner Grac~ Episcopal Church Page -4- City of Bainbridge Island include a bell tower. Conditions will be imposed on the Conditional Use Permit limiting the hours of activity during construction of the project, to help reduce the impacts on surrounding properties from noise generated by c~nstruction activities at the site. All activities taking place on the site will be subject to the noise regulations contained in BIMC 16.16. 15. Stormwater quality and quantity controls will be designed through an engineered drainage plan, subject to the approval of the City Engineer. Stormwater detention and water quality facilities are required for this facility, since the development of this property will increase impervious surfaces on the site more than 5,000 square feet. 16. The site plan includes a fire hydrant which will be installed near the church building [EXHIBIT 8]. This fire hydrant must be approved by the Bainbridge Island Fire Department which will verify that adequate fire flow is available. 17. A Commercial Building Site Clearance for On-Site Sewage Disposal from the Bremerton- Kitsap County Health District is required as a part of the building permit application. 18. The applicant is proposing planting enhancements for the native vegetation buffers around the site's perimeters to comply with the BIMC requirement .for full screening. A 25-foot full screen perimeter buffer is required by BIMC 18.85.070(D)(4). A previously issued Forest Practices Approval to log this property in the mid 1990's included a requirement that 50-foot buffers be maintained along all perimeter property lines. Those 50-foot buffers were imposed to address potential erosion impacts and to enhance the remaining vegetation. An engineered drainage plan will be required for the development of this property. That drainage plan will detail stormwater and drainage control for the entire site. Detention facilities will be constructed on the site to address erosion impacts associated with the development of the property as a church site. The church is being built on the western portion of a ten-acre parcel and will be accessed by a long driveway from Day Road. The design of the driveway and the planned vegetation buffers along the north property line, along with the siting of the building, will prevent visual sight of the building from Day Road. Adjoining. property owners to the north, The Island School and the Johnsons, recorded their approval of the Church's plans for the development of the site. A reduction of the perimeter buffer requirement frOm 50-feet to 25-feet is supported by the application. The elimination of a 25-foot full screen buffer along the eastern property line would encourage a coordination of farming activities between the church property and adjoining agricultural uses to the east. No definitive plans for the development of agriculture on the church property have yet been formalized. Mr. Bentryn testified that there are certain farming activities presently being utilized on his property to protect against destruction of crops by birds and other predators. Mr. Bentryn testified that at Certain times of the year bird shot is used to shoot starlings that are damaging the grape crop. At separate times firecrackers or other types of bird alarms are used to protect crops. A buffer between the church and the farm activities would CDP 11249 Hearing Examiner Grace Epi~e, opal Church Page-5- City of Bainbridge Island provide a needed safety barrier to protect from those activities. It is important however that the buffer maintained between the church building and the farming area not exceed 25-feet in height, so that solar access needed for crop maturity on farm properties is maintained. In order to preserve the pastoral character of this area of the island, it is important to maintain a visual barrier between the church buildings'and the agricultural land to the east, so that the agricultural vista now existing is preserved. A reduced buffer maintained at the western edge of the agricultural activities conducted on the church property would provide the necessary screening and safety barrier between the farming activities and church activities on the parcel. This CUP must contain a notice that the church is near agricultural lands on which a variety of commercial activities may. occur that are not compatible with the church's use of its property. [See BIMC 16.26] 19. To mitigate potential off-site glare, any outdoor lighting installed at this site must be hooded and shielded to prevent lighting spillover beyond the property line. Outdoor lighting must have a maximum height of 20-feet, and the vegetation buffer to be planted between the church and farming activities on the eastern portion of its property, should help minimize the visibility of outdoor lighting from adjoining parcels. 20' BIMC 18.108.040 (C)(1)(e) requires a religious facility in a residential zone to provide a fencing plan or alternative method to protect public health, safety and welfare. The vegetation buffer proposed for the perimeters of this property, in conjunction with the location of the church 1,000-feet from the nearest public right-of-way, will satisfy this requirement for a fencing plan. The addition of the vegetation buffer between the church and farming activities On the eastern side of the property will help protect public and private users from incompatible uses created by the co-existence of farming and church activities. Vegetation planted between the church and farming activities will provide a fence like barrier which separates the two uses. 21. ff a sign is erected identifying the location 0fthe Grace Episcopal Church, the sign must conform with the requirements ofBIMC 15.08. The site plan does not detail a location for a sign for the church, however, it is anticipated that a directional sign may be required to identify the location of the church since it will not be visible from the public right-of-way. 22. The City Engineer has waived the requirement for a traffic report for this application. The Level of Service (LOS) for Day Road East, which provides access to this site, has been established as LOS,A. The applicant provided traffic impact information from Greg Heath and AssoCiates. It is anticipated that the church will generate an average weekday volume of 91 one- way trips per day. Saturday volume is estimated at 97 one-way trips per day. Peak hour impacts are anticipated to be minimal during the week. Sunday volume, is anticipated at 366 one-way trips with a peak hour total of 95 one-way trips during the morning hour. Surrounding properties are occupied by The Island School and Sage Manufacturing, both facilities ,have weekday trip generation, whereas the church's peak volume will occur on Sundays. The shared access CUP11249 Hearing Examiner Gra~ Episcopal Churoh Page -6- City of Bainbridge Island driveway has sufliciem length to avoid potential queuing spilling into the public fight-of-way during times of peak ingress. The City Engineer has determined that the information regarding the~ number and timing of peak hour trips, and the fact that current LOS for Day Road is LOS-A, eliminated the need for further traffic study for this project. The City Engineer determined that no further mitigation is required for impacts to Day Road. Day Road is classified as a Secondary Arterial. 23. On February 7, 2002 a public hearing was held before the Hearing Examiner to consider the application. Prior to the hearing, notice was published in the Bainbridge Review on January 19, 2002; notice of the public hearing was mailed to the owners of property within 300-feet of the proposed project, and notices were posted at the City Hall, the Chamber of Commerce, and the Ferry Terminal on January 16, 2002; notice was posted at the subject property on January 20, 2002. [EXHIBIT 42.] CONCLUSIONS OF LAW 1. The Diocese of Olympia, Inc., a Washington non-profit corporation, acting for the benefit of Grace Episcopal Church of Bainbridge Island, Washington, is the legal owner of a 10-acre parcel of real property located near the intersection of SR 305 and Day Road East in the City of Bainbridge Island. This property is the proposed site for a new church building for Grace Episcopal Church. 2. Adequate legal notice was given of the public hearing held in this matter on February 7, 2002. The record remained open until April 22, 2002 to receive additional easement documents from the applicant. This application for a Conditional Use Permit is properly before the Hearing Examiner for processing under BIMC 18.108.020 (D), which requires that this application be processed under the Hearing Examiner decision procedures Of BIMC 2.16.100. 3. A SEPA Determination of Non-Significance was issued on this application on November 10, 2001. No appeal of the SEPA decision was filed and the determination is fin~. 4. The subject property is located within 300-feet of registered agricultural lands and notice of agricultural activity on those agricultural lands must be given pursuant to BIMC 16.26.040. 5. Outside lighting installed on the property must be hooded or shielded so that the lamp is not visible from adjacent properties or public fights-of-way pursuant to BIMC 18.78.050. 6. All signs erected to identify the church location must conform to the requirements of BIMC 15.08. CLIP11249 Heating Examiner Gra~ Episcopal Churoh Page -7- City of Bainbridge Island 7. The subject property is located in the R-0.4 zone. BIMC 18.36 governs building and permitted uses in the R-0.4 zone. This property is zoned residential, however, under BIMC 18.36.030 (D), educational, cultural, governmental, religious, or health care facilities are allowed as conditional uses in the R.0.4 zone. 8. Maximum lot area coverage on this parcel, when developed as a religious facility is limited to 5%. [See BIMC 18.108.040 (C)(l)(g).] BIMC 18.108.040 requires perimeter buffers of vegetation in compliance with BIMC 18.85.070(D)(4) for all perimeter property lines for this parcel. 9. No traffic report, beyond the information provided by the applicant from traffic consultants Greg Heath and Associates, is required for this project. The City Engineer has determined that the current LOS for Day Road is LOS-A, and the LOS will not be degraded as a result of the traffic impacts from this church project. 10. The applicant has requested an increase in building height from 30 to 35-feet maximum height. The application supports the supplemental findings required by BIMC 18.36.070(A). The applicant has demonstrated that view opportunities are not substantially reduced, fire flow at' the site will be adequate, no unstable slopes or soils are on the portion of the parcel selected for the building site, and solar access of neighboring lots will not be reduced. 11. This CUP proposal to construct a church on a 10-acre parcel located near agricultural lands, residential properties, and light manufacturing properties, is consistent with the goals of the Comprehensive Plan. Conditions will be attached to the CUP to minimize potential conflicts with ' agricultural activities on adjacent parcels. Existing vegetation buffers will be enhanced by additional native plantings to 'preserve the island's character and the forested view from the road. Approximately 2.5 acres of the parcel are reserved for agriculture. The Comprehensive Plan policies state that farming activities should be encouraged as an appropriate use in the Open Space. 12. An application for CUP must comply with the decision criteria listed in BIMC 18.108.040. This application for CUP can comply with the requirements of BIMC 18.108.040, if conditions of approval are attached to the permit. 13. B IMC 18.108.040.(A) states A conditional use may be approved or approved with modifications if: 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; The Grace Episcopal Church is being designed by Cutler Anderson Architects. ~The ctJP~ ~249 Hearing Examiner crmc~ Epi~x~al Chumh Page -8- City of Bainbridge Island church plan features a modem northwest rustic design with a shed roof and wood siding. The site is a gently rolling parcel with a relatively flat building site suitable for building. The site is being developed with enhanced native vegetation buffers on the north, south and western property lines. The eastern 2.5 acres of the site has been designated by the applicant for agricultural use consistent with the farming activities now being conducted on adjoining properties to the east. This property is surrounded by residential zoned property which has been variously developed with farming, a school and large lot residential sites. Some properties remain undeveloped. Several fight manufacturing zoned properties are located in the vicinity, accessing offDay Road East. The development of this parcel for a church and agricultural land will be consistent with the development in the neighborhood. This property will be a transition area between the existing and potential light manufacturing uses to the north and west and the existing and potential single residences and farming to the east and south. 14. BIMC 18.108.040.(A) states ,4 conditional use may be. approved or apProvedwith modifications if.'... 2. The conditional use will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm water drainage facilities; The church will be accessed offDay Road East, a Secondary Arterial. An access easement agreement has been signed with The Island School, providing for the construction and . maintenance of a joint access road which will service the property. This access easement road will be constructed in compliance with standards established by the City Engineer. Approval from the City Engineer will be required prior to issuance of a Certificate of Occupancy for the church buildings. Water service has been arranged through the North Bainbridge Water Company. An extension of that water availability agreement will be obtained by the applicant as a condition of approval for the CUP. Fire protection will be provided by the Bainbridge Island Fire Department No. 23 which has a station on Phelps Road, less than one mile from the proposed site. The Fire District will inspect the installation of the fire hydrant and verify adequate fire flow is available to the property. Conditions of approval outline other requirements of the Fire Department regarding a standpipe system, an automatic sprinkler system, and a monitored fire alarm system which will be installed in the buildings. Sewage disposal for the buildings will be provided by a commercial on-site sewage disposal system. Approval of this system must be obtained from the Bremerton-Kitsap County Health District as a requirement for issuance of a building permit. Storm drainage facilities will be included in an engineered drainage plan. City Engineer approval of all stormwater quality'and quantity controls will be required as a condition of approval for the CUP. The applicant will comply with B]MC 15.20 and 15.21. CUP11249 Hearing Examiner C, racm Episcopal Church Page -9- City of Bainbridge Island 15. BIMC 18.108.040.(A) states A conditional use may be approved or approved with modifications if.'... 3. The co~tional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; The 25-foot native vegetation buffers which will be planted and maintained on three sides of the property will help mitigate the visual impact the church may have on surrounding Property uses. A vegetation fence line will be maintained on the eastern side of the church building, between the church uses and the agricultural uses established in the eastern portion of the property. If, for some reason, the church decides not to use the eastern portion of their property for agricultural uses, then a 25-foot native vegetation full screen buffer will be required along the eastern property line, consistent" with the perimeter buffer areas required on the north, west and south property lines of this parcel. Height restrictions on the eastern buffer will help maintain solar access for adjoining properties. The applicant has arranged for joint use of an access driveway to Day Road over property owned 'by The Island School. A formal access easement agreement for construction and maintenance of this access road has been entered into between The Island School and Grace Episcopal Church. The proposed site plan allows only 4% lot area coverage for this 10-acre parcel, thus helping reduce the non-residential use impact of this property on surrounding residential parcels. Church activities will be concentrated on weekend days when other commercial and school activities are not in operation. This will help reduce the impact of additional traffic on Day Road East. Weekday peak flows on Day Road East should not be sisnificantly impacted by the use of this parcel for Grace Episcopal Church. 16. BIMC 18.108.040.(A) states A conditional use may be approved or apProved with modifications if.'... 4. The conditional use is in accord with the Comprehensive Plan; This proposal to develop a large lot residemial property with a religious facility is consistent with the policies of the Comprehensive Plan because the site is being developed in a · manner which is sensitive to the farming uses be made on adjacent properties. In recognition of those agricultural activities, the church has proposod to dedicate 2.5 acres of the eastern portion of their property to agricultural uses. While the use of the property for agricultural uses is not required as a condition of this CUP, modification of perimeter buffers have been allowed to accommodate the coordination of agricultural activities on this parcel 'with farming activities on adjacent parcels. Limitations have been placed on the height of vegetation fencing on the east side of the church buildings to avoid any solar blockage from the west. The Comprehensive Plan designation for this property is Open Space Residential OSR 0.4. The OSR district is designated for areas appropriate for low density residential development and a variety of agricultural and forestry uses, Churches are residential support facilities listed as conditional uses in the R-0.4 zone. The Church is proposing to dedicate a portion of its open space to agricultural uses, consistent with the OSR district designation. cuP~ ~24~ Hearing Examiner Grace Episcopal Chumh Page - 10- City of Bainbridge Island 17. BIMC 18.108.040.(A) states,4 cortditional use may be approved or approved with modifications if: .... 5. The conditional use complies with all other provisions of this code; A review of this application and the conditions proposed by DPCD staff for approval of the CUP, demonstrates compliance with the applicable BIMC provisions. A small wetland has been identified at the southern boundary of the property, however, no construction is proposed near or within the wetland or it's associated buffers. The building site is not located on any geologically hazardous slopes. The requirements ofBIMC 16.20 will be met by this application. An engineered drainage plan will be required of the project, and compliance with BIMC 15.20 and 15.21 are required as a condition of approval. This application does comply with the zoning requiremems ofBIMC 18.36, which governs property zoned R-0.4. Landscaping provisions will comply with BIMC 18.85. 18. BIMC '18.108.040.(A) states ,4 conditional use may be approved or approved with modifications if.'... 6. The conditional use will not adversely affect the area or alter the area's predominantly residential nature; This 10-acre parcel is located in an area which has been zoned for large lot residential, however, the existing uses of many of the surrounding properties are no longer residential. Property immediatelY to the north of the church property is zoned as residential property,. however, for many years it has been used as the home of The Island School. Properties located to the east of the church parcel include more than 20-acres which are zoned large lot residemial, however, they have been developed for many years as agricultural lands for a vineyard, tree farm, and other vegetable farming. Light manufacturing parcels exist to the west of Island School, on the south side of Day Road East and on the north side of Day Road East. There are single-family residences on properties to the east, and one single family residence immediately north of the subject parcel. Properties to the south are largely undeveloped, but are zoned large lot residential. The development of this 1 O-acre parcel for a church and agricultural uses will be a transition between the existing uses on the north and west, and the existing and potential residential uses on the east and south. 19. BIMC 18.108.040.(A) states ,4 conditional use may be approved or approved with modifications if.'... 7. ~III necessary measures have been taken to eliminate the impacts that the proPOSed use may have on the surrounding area; There will be mitigation measures attached as conditions of approval for this CUP. These conditions will help eliminate the impacts the proposed use may have on the surrounding area. Perimeter 25-foot native vegetation buffers will be maintained along the north, west and south property lines. Construction activities will be limited to specific hours of the day and days of the week, to lessen the i~oise and other construction activity impacts on neighboring property uses. Stormwater runoff will be comrolled by facilities designed under a engineered drainage plan. This will eliminate any increase in storm water mnoffto adjacent properties. Outside lighting will be. hooded or shielded to prevent lighting spiHover beyond the property line. A vegetation fence line cuP11249 Hearing Examiner Grace Episcopal Chumh Page -11- City °fBainbridge Island will be planted between the church buildings and dedicated agricultural areas on the parcel to provide for public health and safety, and compatibility between the two types of uses on the property. Traffic impacts will be minimized by the Weekend schedule for church activities. All identified impacts on the surrounding area have been mitigated through conditions of approval. 20. B1MC 18.108.040(C) states: 1. F_Mucational, cultural, governmental, religious or healthcare facilities in residential zones must be processed as regular conditional use permits and must meet the following criteria in addition to those listed above: (a) Applicants are required to submit a traffic report showing the effects on the Level of Service on affected roads. Proposed mitigation for degradation of the LOS must be submitted as part of the application; The .applicant has provided information from Greg Heath and Associates, traffic consultants, regarding possible traffic impacts from the development of this parcel for Grace Episcopal Church. The LOS level for Day Road East at this location has been determined by the City Engineer to be LOS-A. The City Engineer and the Traffic Consultant agree that no degradation of the LOS on Day Road East will occur as a result of building this church. The City Engineer determined that a traffic report was not required to supplement information submitted by the applicant as a part of their SEPA Environmental Checklist. (b) Ail sites must front on roads classified as Residential Suburban or above on the Bainbridge Island Functional Road Classification Map; The City Engineer has approved access for this project onto Day Road East via a joint access easement road over property owned by The Island School. The Grace Church property has no other access to a public right-of-way. The Grace Church property's northern property line is located approximately 1,000-feet north of the Day Road fight-of-way. Day Road has been classified as a Secondary Arterial. As a condition of approval on a previous CUP issued to The Island School, the City required dedication of additional right-of-way along Day Road. [See Conditional Use Permit issued by Stephanie }V~en, Director of Planning and Community Development, datedAugust 31, 2001 under CUP02-23-00-1.] The Island School property owners are co-applicants for this CUP application and their property, located at 8553 Day Road East, is burdened by the joint access easement granted to Grace Episcopal Church. The Island School property does from on the Secondary Arterial. (c) Noise levels shall be in compliance with BIMC 16.16. 020 and 16.16. 040 (A); These code provisions will be made a condition of approval for the CUP. (d) The appropriate approvals of sewer and water supply must be submitted at the time of at~lication. The applicant submitted a water availability letter from North Bainbridge Water Company. CUP11249 Heating Examiner Grace Episcopal Church Page -12- City of Bainbridge Island This water availability letter was approved by the State of Washington in January of 2002. The documents supporting that water availability are included in the record [EXHIBIT 38]. In the North Bainbridge Water Company letter dated December 29, 2001, Ms. Buetow states "all work to serve the planned improvement will be completed before February 28, 2002. A condition of approval will require the applicant to verify that water service has-been completed for the project and will be available from North Bainbridge Water Company or its successors in interest at the time construction begins on the project. A commercial building site approval for on-site sewage disposal from the Bremerton-Kitsap County Health District is required as a part of the building permit application. (e) A fencing plan or alternative methods to protect the public health safety arm welfare must. be submitted at the time of application; Native vegetation buffers will be required on the north, west and south property lines as a condition of approval for the CUP, in addition, a vegetation fence line will be required, separating fam~g and church uses on the parcel, ffno farming is developed on the parcel, then a similar dense native vegetation 25-foot buffer will'be required along the east property line. A time line will be established for the planting of the buffer areas on all property lines. The parcel does not abut a public right-of-way. No additional fencing will be required around the perimeter of the site. 09 The appli~t shall provide perimeter buffers of vegetation, either retaining existing or planting a new One in compliance with BIMC 18. 85. 070 (D)(4) (this only applies to residential districts outside of [Yinslow); Twenty-five foot, full screen, native vegetation buffers will be required on the north, we'st and south property lines of this parcel. In addition, a vegetation fence line or buffer will be required in the eastern portion of the property, separating farm uses froTM church activities. (g) These conditional uses are limited in lot coverage to only 50% of the allowable lot coverage in the zone in which they are located; This parcel is located in the R-0.4 zone. Maximum lot area coverage in the R-0.4 zone is 10%. This proposal is for buildings and structure which will cover 4% of the available lot area on the parcel. This meets the requirement of no more than 5% lot coverage for this parcel when being used for a religious facility. (h) Vehicular, pedestrian ami bicycle access arm site circulation must be submitted at the time of application and approved by the City. The City Engineer may modify the requirements of B1MC 18. 81.02 0 (2?) and allow alternate driveway andparking area surfaces, provided that the allowed surfaces meet city requirements for handling surface water and pollutants; CLIP11249 Heating Examiner Gmoe Episcopal Chumh Page - 13- City of Bainbridge Island Vehicular pedestrian and bicycle access to the site will be over a joint access road which proceeds south from Day Road East onto the subject parcel over property owned by The Island School. A joint access easement agree~nt has been signed by Grace Episcopal Church and The Island School and has been filed with the City. The City Engineer has reviewed the proposed parking and access road and has made certain requirements for permanent surfacing of the access road and parking area. Stormwater and drainage control facilities will be required. 21. The decision criteria for BIMC 18.108.040 can be met by this application if additional conditions of approval are attached to the permit. The following conditions of approval are necessary to mitigate impacts from the proposal and to ensure compliance with the Comprehensive Plan and BIMC' 1. Except as modified by conditions of approval, the project shall be constructed in substantial conformance with the site plans date-stamped July 6, 2001 and January 1, 2002. An amendment to this conditional use permit shall be req~ if the project exceeds the requested +__13,~ squal~ feet of building area and/or $2 parking spaces. No additional buildings or structures are authorized by this CUP. 2. The request for an increase in building height is approved as part of this conditional use permit. Therefore, the height of the church shall not exceed 35-feet as measured from existing grade to the mid-point of the highest gable. 3. Prior to submittal of any building permit applications, the applicant shall contact planning staff to schedule a pre-submi~ meeting to review the necessary components for a complete building permit application. In addition, with the building permit application submittal, the applicant shall attach a narrative detailing how each condition of approval is addressed by the building plans. . 4. As part ofthe building permit application submittal, the applicant shall submit detailed landscape plans complying with Bainbridge Island Municipal Code (BIMC) Chapter 18.85. The landscape plans shall including a planting plan for the required full screen perimeter landscaped buffers and the vegetation fence line on the boundary between church and farming activities on the site, if applicable. To verify retention of 15 percent ofthe site's significant trees, the landscape plans shall contain a significant tree retention plan. CUP11249 Hearing Examiner Grac~ Episex~l Church Page - 14- City of Bainbridge Island 5. Prior to issuance of the Certificate of Occupancy (f'mal inspection), the applicant shah secure the landscape performance assurance required by B1MC 18'85.090(C) and the maintenance assurance required by BIMC 18.85.090(D). 6. Prior to issuanee of the Certificate of Occupancy, 25-foot wide, full-screen, landscape buffers shall be planted along the north, south, and west property lines of APN 102~02-2-004-200~, excluding mm~ traversed by access driveways. 7. The east property line shall be subject to the following buffer provisions' a) No perimeter buffer will be required if the adjoining portion of the Church property is utilized for agricultural activities compatible with existing farming located on properties located to the east. b) A 25-foot wide full screen buffer will be required along the east property line if the adjoining portion of the church property is utilized for agriculture and not compatible with existing farming located to the east, or is developed with non- agricultural'uses, or is left vacant. c) The height of any buffer adjoining the east property line shall be limited to 25-feet in height. d) If the eastern portion of the church property is utilized for agriculture which is compatible with existing faming located on properties to the east, then a vegetation fence line no higher than 25-feet in height shall be planted on the internal boundary between the faming and chUrch uses on the property. The purpose of this vegetation fence line is to screen church activities from farming activities and protect church users from dangerous or incompatible agricultural activities which may occur on the property. e) A decision regarding the use of the eastern portion of the church property for agricultural or other uses shah be made by the applicant within one year of the issuance of this CUP. A perimeter buffer or alternative vegetative fence line shah be planted on the property within one year of the date of approval of the CUP. A vegetation planting and maintenance plan shall be submitted to the Director of Planning and Community Development for approval prior to installation on the site. 8. Prior to building permit issuance, the applicant shall record a notice with the Kitsap County Auditor's Office that the property is within 300-feet ofestablished agricultural land on which a variety of commercial activities may occur that are not compatible with non-agricultural uses. CUP11249 Hearing Examiner Grace Episcopal Chumh Page - 15- City of Bainbridge Island 9. The access driveway from Day road and the driving aisle of the parking circle shah be hard surfaced with permanent materials and shah be designed to dispose of surface water, a~d pollutant~ from motor vehicl~ ~ requirt~l by BlOC Chapter~ 1~.20 and 15.21. Additionally, the driving aisle of the parking circle shah be signed as "one-way only." The driveway and parking aisle improvemen~ sh~dl be complett~l to the satisfaction of the City Engineer prior to issuance of the Certificate of Occupancy. 10. If constrt~ed, the 38 overflow parking spaces along the interior of the parking circle shall be underlain with drivable landscape grids, such as grasscrete,' that allow establisbJnent of lawn and support for vehicles. The improvement shall be in._~dled to the satisfaction of the Director prior to issuance of the Certificate of Occupancy. No parking shall be allowed in the interior of the parking circle unless overflow parking spaces are constructed in compliance with this condition. 11. Prior to issuance of the Certificate of Occupancy, the aplwaiwlate number and design of handicap parking spaces shall be installed to the satisfaction of the Building Official. 12. The parking spaces shah be deflneated with curbing, railroad ties, large rocks or other approved materials to def'me pedestrian walkways, to define ends of parking aisles, and to indicate the pattern ofcirculation. These improvements shall be depicted on submitted building plans to the satisfaction of the director. The improvement shall be installed prior to issuance of the Certificate of Occupancy. 13. To provide barrier-free access, the pathway/waiting area at the front of the church must be surfaced with nonskid hard surfaces approved by the City Engineer. The appropriate accessway must be installed prior to Certificate of Occupancy. 14. Prior to issuance of the Certificate of Occupancy' the applicants shah instafl bike racks supplying parking for at least 12 bicycles. A Commercial Building Site Clearance for On-Site Sewage Disposal from the Bremerton-Kitsap County Health Dist~ is required as part of the building permit application. 16. To the satisfaction of the City Engineer, design for stormwater quality and quantity controls shall be in compliam~ with the city's ordinances in effect at the time of build~g _uermit submittal. (The current city code, Ordinance 2001-49, supports the CUP11249 Hearing Examiner Gra~ Epise, opal Church Page - 16- City of Bainbridge Island use of the 1992 Deparlment of Ecology Stormwater Management-Manual for design purposes until spring of 2003.) A comple~ enginee~ drainage plan is requil~ as the projected total of impervious surfaces associated with the project exceeds 5,000 square feet. Stormwater detention and water quality facilities are requil~ for aH projects exceeding or redeveloping a net increase of 800 square feet or greater of imperious surface. 17. A recorded Declaration of Covenant and a plan for the Operation and Maintenance of all constructed facJlRies shah be su~itted and approved by the City Engineer prior to issuance of Certificate of Occupancy. 18. Outside construction activities shah be limited in accordance with the Provisions of BIMC Section 16.16.025. (The current provisions limit outside construction activities to 7:00 a.m. to 7:00 p.m. on weekdays, not including legal holidays, and 9:00 a.m. to 6:00 p.m. on Saturdays, not including legal holidays. Outside construction activities shall be prohibited on Sundays and all legal holidays.) 19. To the satisfaction of the Bainbridge Island Fire Department, the applicant shall install a fire hydrant in substantial conformance with the site plan date-stamped July 6, 2001. The hydrant shall be installed and approved prior to introduction of combustible material onto the site. 20. To the satisfaction of the Bainbridge Island Fire Department, fire access lanes shall be 12-feet wide along their entire lengths. 21. To the satisfaction of the Bainbridge Island Fire Department, an automatic sprinkler system shall be installed throughout the entire b~ding. The system shall be designed and in. ailed in accordance with the most current edition of NFPA Standard 13. Plans shall be submitted through tl~ Building Division for Fire Department approval. The underground supply shall be installed by a licensed sprinkler contractor or utility contractor with a State-issued Level "U" certification. 22. To thc satisfaction of thc Bainbridge bland Fire Department, a standpipe system shah be inst~ throughout the building as required by BEVIC for buildings larger than 10,000 square feet. The standpipe shall consist of 2%" hose outlets at each exit. The standpipe may be installed in combination with the sprinkler System. CUP11249 Hearing Examiner Gra~ Episcopal Churoh Page - 17- City of Bainbridge Island 23. A monitored fire alarm system shall be installed throughout the building with the following requirements: a) The rwe alarm shall be a point-to-point addressable tylm system. b) A remote annunciator shall be located at the main entrance unless the fire alarm panel is placed at the main entrance. c) Manual pull stations shall be located at each exit. d) Smoke detectors must be located in all areas, except restrooms, mechanical rooms, storage areas, and kitchens. e) Audible and visual alarm devices shall be installed throughout the building in accordance with Uniform Fire Code Section 1007.3.3.3 and Washington State Amended Section 1007.3.3.4 (WAC 51-34). f) The alarm system shall be connected to an U.L.-listed central station. 24. The applicant shall provide an updated letter of water service availability which confirms that adequate water service will be available for this project. This updated letter of water service availability shall be provided to the City prior to issuance of a building permit. 25. The joint access easement agreement entered into between the The Island School and the Diocese of Olympia, Inc., which is dated April 9, 2002, must be approved by the City Engineer prior to building permit issuance. 26. To miti~te potential offsite glare, any outdoor lighting shall be hooded and shielded to prevent lighting spillover beyond the Property line. AH outdoor lighting shall have a maximum height of 20-feet as measured from the base of a free standing light fixtures. 27. Noise levels on the property shall be in compliance with BIMC 16.16.020 and 16.16.040 (A). 28. Any sign erected on the property to identify the church and its location shall conform to BIMC 15.08. CLIP11249 Hearing Examiner Grace Episcopal Church Page -18- City of Bainbridge Island DECISION A Conditional Use Permit is granted to the Diocese of Olympia, .Inc., to construct a church and other site improvements on its property near Day Road East, identified by Kitsap County Tax Account # 102502-2-044-2005. This Conditional Use Permit is granted subject to the Conditions of Approval listed in Conclusion of Law 21 above. Dated this 15~ day of May, 2002 Robin Thomas Baker Hearing Examiner Pro Tern APPEAL TI.is Decision may be appealed to the City Council in accordance with the provisions of BIMC 2.16.140. . CLIP11249 Hearing Examiner Gr-~ Episcopal Church Page - 19- City of Bainbridge Island CITY OF BAINBRIDGE ISLAND OFFICE OF THE HE~G EXAMINER APPLICATION FOR ) CUP11249 CONDITIONAL USE PERMIT ) NOTICE OF AMENDMENT APPLICANT: GRACE EPISCOPAL ) OF DECISION CHURCH (BRUCE ANDERSON) ) ) The Hearing Examiner hereby gives notice to all parties that her Decision entered on May 15, 2002 must be amended to correct a clerical error. Finding of Fact 3 incorrectly defines R 0.4 zone as one unit per acre. The correct density for the R 0.4 zone is one unit per 2.5 acres of land. B IMC 2.16.100 (J) (1) allows the Hearing Examiner to amend a decision to correct clerical errors clearly identifiable from the public record. The correction does not extend the time limit for filing an appeal of the original decision. The Findings of Fact, Conclusions of Law and Decision entered into in this matter on May 15, 2002 are hereby amended as follows: The first sentence of Finding of Fact 3 is amended to read: The project site has a zoning designation of R 0.4 (one unit per 2.5 acres), and a Comprehensive Plan designation of Open Space Residential 0.4. (OSR 0.4). This amendment is effective the 23nd day of May, 2002. Dated this 23~ day of May, 2002 Robin Thomas Baker ~ng Examiner Pro Tem CUP 11249 Hearing Examiner Graoe Episcopal Church Page -1- City of Bainbridge Island CITY OF B~N'BRIi)GE ISI.,ANI~ OFFICE OF THE Hi~ARING EXAMINER APPLICATION FOR ) C~1124! CO 4DITIONAL l' aMrr ) MOTIO RECO SID RA IO APPLICANT: GRACE EPISCOPAL ) OF CONE~ITIONNO. CHURCH (BRUCE ANDERSON ) ) The applicant, hereby requests the Hearing Examiner to reconsider Condition No. 8 to the Findings of Fact, Conclusions of Law and Decision dated May 15, 2002, to the extent that it would require recording a Notice with the Kitsap Auditor's office that the property is within 300 feet of agricultural land. This condition is not required by City ordinances nor dictated by sound real estate practice. The applicant has been advised by the Hearing Examiner's Off, ce that the requirement expressed in Condition No. 8 is supported by BIMC 16.26.040 which states as follows' A. All plats, development permits, and buih ling permits issued for development activities on or within .~ 00 feet of lands registered as agricultural lands and open space will contain a notice that the subject property is within or near agricultural lands of which a variety of commercial activities may occur that are not compatible with residential ¢levelopment. The applicant has no objection if any permits which are issued ~y the City contain such a notice but because no plat is being recorded there is no require ~ent that title to applicant's property be permanently burdened with a notice which is temp;)ral in nature and not even required by City law. The purpose for recording instruments is to ~ive notice to a pOtential bona fide purchaser of a certain burdens or benefits regarding title to property. Thus if an easement 8CANNED is granted across the property to a third party, notice is recorded to protect the holder of the easement and to alert potential purchasers of the servient p~ael of the existence of a burden on the property. However, matters appearing in public statutes change over time and anyone who purchases real estate does so with full knowle, ige that the property may be subject to various ordinances or restrictions in use. Because ordinances are may change over time there is no reason to permanemly burden the property with a notice of a city ordinance which may not even be in effect in five or ten y~rs. The Bainbridge Island municipal code changes every year. Does this mean that the property owners are under a continual burden to file notices in the public records whenever ordinances may affect their property? Do not place restrictions on titles to real estate by a, tding unnecessary burdens that simply restate ordinances currently in effect, and which may not exist next year. Respectfully submitted, FAX TRANSMISSION CITY OF BAINBRII~E ISLANI~ Office of Hearing Examiner dsawyer~bain~e.net Diane Sawyer, Assistant 780-2933 T~: Bruce Anderson Date: Ma3 30, 2002 Bob Katai Fax #: 842-4420 Pages: 3 ....... 7~ o~ff~ From: Diane Sawy~ (206-780-2933) Sabject: Grac~ Episcopal Church CUP 11249 - Motion for Rec onsideration of Condition 8 COMMENTS' CITY OF BAINB~E IS~ OFFICE OF THE ~A_RING EXAMI qER ) CU1, 249 APPLICATION FOR CONDITIONAL ) ORDER ON I~IOTION FOR us£ PERMIT ) P.E¢ONSID£ ZATION APPLIC~: GRACE EPISCOPAL ) CHURCH (BRUCE ANDERSON) ) ) FINDINGS OF FACT A Motion for Recx)nsideration of the Conditional Use Perm it, Condition of Approval 8, was filed by Chuck Ekberg on behalf of Grace Episcopal Church o~ May 29, 2002. Condition 8 had been requested by the Department of Planning and Community Development and had not been objected to by the applicant at the heating. The applicant has ~o objection to the notice requirement of BIMC 16.26.040, however, Mr. Eckberg now objex:ts to the requirement that the notice be recorded with the County Auditor. DPCD has notified th, Heating Examiner that they will agree to deletion of the recording requirement if the applicant ~ubmits a notarized statement to DPCD acknowledging the fight to farm principles in BIMC 16.~ 6. CONCLUSIONS OF LAW BIMC 16.26.040 requires that all development permits.and building permits issued for development activities on or within 300 feet of lands registered as ~gricultural lands and open space contain a notice that the subject property is within or near a/ricultural lands on which a variety of commercial activities may occur that are not compatible ~th residential development. All parties acknowledge that the applicant's ten acre parcel is located in a residential zone and is located within 300 feet of established agricultural lands. Notice of those agricultural activities is required in the Conditional Use Permit and on building permits issued for the applicant's property. Recording of that notice with the COunty Au¢[itor is not required by BIMC 16.26.040. ORDER Now therefore, the Conditional Use Permit, Condition of [pproval 8, on page 15 of the decision issued on May 15, 2002 is deleted and a new Condition 8 is substituted as follows: CUP 11249 Heating Examiner Graoe Episcopal Church Page-1- City of Bainbridge Island SCANNED Prior to building permit issuance, the applicant shall submit ~ notarized statement to the Dir~ztor ofDPCD acknowlodging that thc applicant's ten a{',re parcel is within 300 feet of established agricultural lands on which a variety of commer~fial activities may occur that are not compatible with non-agricultur~ uses. This notice is required by BIMC 16.26.040. A copy of the applicant's notarized statement shall be attached to the Conditional Use Permit and a copy of the statement shall also be provided to the Building Department for attachment to all building, pemts issued for the subject prol ~erty. Dated this 5th day of Jure, Robin Thomas Baker Hearing Examiner Pro Tern cuP11249 Hearing Examiner Cnace Episcopal Chun~h Page -2- City of Bainbridge Island FAX TILANSMISSION CITY OF BAINBRIDGE ISLANI~ Office of He~ng Examiner clsawyerO~inbridge, net Diane Sawyer, Assistant 780-2933 To: Brace Anderson (842-4420) '~' Date: Jura,' 5, 2002 Chuck Ekberg (Lane PowellX223- 7107) ~ ~ Bob Katai 780-0955 Nan Gladstein 780-0955// Fax #: Pages: 3 From: Diane Sawyer (206-780-2933) Sabject: CUP 11249 - Grace Church COMMENTS: ME S SAGE C ONF IRMA I ON DATE : JUN-5-2002 WED 11:41 AM NA~ : D SAWYER TEL. :206 780 2933 PHONE : 7800955 PAGES : 3 START TIME : 06-05 ll:40AM ELAPSED TIME : 00' 51" ~ODE : ECM ~ ~SUI,~ : OK · ME S S/~GE CONF I RM~ I ON DA~ : JUN-5-2002 WED 11:39 AM NANE : D SAWYER ~L. : 206 780 2933 PHONE : 2237107 PAGES : 3 START TIME : 06-05 ll:37AM ELAPSED TI ~E : 01' 07" NODE : ECM RESULTS : OK ' ' ME S S~GE CONF I RM~ I ON DA~ : JUN-5-2002 WED 11:37 AM NA#E : D SAWYER TEL. : 206 780 2933 PHONE : 8424420 ~ o ~me-~, c~ ~.~ PAGES : 3 START TIME : 06-05 11: 36AM i/LAPSED TIME : 00' 53" NODE : ECl/ RESISTS : OK