BAINBRIDGE ISLAND RACQUET CLUB CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAM~tojj rr.,o
APPLICATION FOR ) CUP10643
CONDITIONAL USE PERMIT ) FINDINGS OF FACT
APPLICANT: FOKECOURT INC., ) CONCLUSIONS OF LAW
dba: BAINBRIDGE ISLAND RACQUET ) AND DECISION
CLUB. )
APPLICANT REPRESENTATIVE: )
TED EISENHARDT )
)
FINDINGS OF FACT
1. Ted Eisenhardt is the majority owner of Forecourt, Inc., which owns and operates the
Bainbridge Island Racquet Club (BIRC). The club is located at 8520 Renny Lane NE in the City
ofBainbfidgeIsland. The property is identified by Tax Parcel No. 1025-0230-112-004. Alegal
description for the parcel is included in the hearing record as Attachment J to Exhibit 3.
2. This conditional use application is for expansion and remodeling of the BIRC. The
recreational facility is housed in a metal building which has three tennis courts and two racquetball
courts and an attached two-story wood frame building for the company offices, a waiting area and
the locker and shower rooms. Also on the site is a fabric, air-supported cover over two outdoor
tennis courts. These buildings will be remodeled but the building footprints will not be expanded.
All remodeling to current facilities will be interior. A pool and exercise building will be built east
of the metal building. This pool building will be connected to the main building by a passageway.
Parking lot improvements and septic and storm water drainage system improvements are included
as a part of the project.
3. The BIRC is located on approximately 5.94 acres on the north side of Koura Road near
Meadowmeer Golf Course. The recreational facility has access to Koura Road via a private
easement road known as Renny Lane. The zoning map for the City of Bainbridge Island indicates
that this parcel has been included in two separate zoning areas. The western portion of the parcel,
on which the existing buildings are located, has been designated R-2. The portion of the lot
immediately east of the current racquet club building has been zoned R-0.4. A similar split
designation has occurred in the Comprehensive Plan. The western portion of the lot has a
Comprehensive Plan designation of OSR-2 and the eastern portion of the lot has a designation of
OSR-0.4.
4. The property has been developed as a recreational facility since the late 1970's. The
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racquet club is a "cultural facility" as defined under Bainbridge Island Municipal Code (BIMC)
18.06. Cultural facilities are allowed as conditional uses in the R-2 and R-0.4 zones [BIMC
18.30.030(E) and BIMC18.36.030(D)].
5. The properties surrounding the racquet club on the south, east and west have been
developed for single-family residential use. The Meadowmeer Golf Course has been developed
on property to the north. Zoning for surrounding properties is consistent with the zoning
designations of the racquet club property with a split in zoning of R-2 to the west and R-0.4 to
the east.
6. The racquet club property is divided by a private easement road known as Renny Lane.
The property owned by the racquet club to the east of Renny Lane contains a Category II
wetland. This portion of the property is undeveloped. The Category II forested wetland requires
a 100-foot buffer. No development is planned east of Renny Lane, that portion of the property
will remain forested and undisturbed.
7. The applicants have filed a Preliminary Stormwater Conveyance and Detention Plan which
addresses the roof water run-off and drainage from the new parking areas. Stormwater detention
tanks will be installed under the new parking areas built on the west side of Renny Lane. Septic
tanks will also be installed under the parking areas. The drainfield for the septic system will be
installed in the 9~ fairway of Meadowmeer Golf Course. A tightline piping system will connect
the septic tanks and drainfield. A septic design for the project was done by Indigo Design and
was approved with conditions by the Bremerton-Kitsap County Health District on June 28, 2002.
[EXHIBIT30, 31 & 35.] The racquet club has entered into an agreement with the Meadowmeer
Golf and Country Club which allows the racquet club to construct a drainfield for their septic
system on the ninth fairway of the golf course [EXHIBIT 3H]. Concerns have been voiced by
adjoining Meadowmeer lot owners about the possibility of increased water run-off from
alterations made to the ninth fairway. The septic system designer has determined that the
installation of a drainfield system in the ninth fairway will not compromise the existing drainage
systems [Staff Report, p. 8]. Bremerton-Kitsap County Health District approval will be required
for the drainfield design prior to building permit issuance [SEPA Condition 3].
8. The BIRC is built on fairly flat terrain. The site for the new pool building is presently
being used as a parking area. A new parking lot will be built to the east of the new pool building.
The topography of the lot begins to slope just east of the present parking lot. The property slopes
down to the private easement road and then begins another slope as you travel east across the
parcel toward the wetland. There is a natural drainage course that runs east from the roadside
ditch near the north property line down into the low section of property on the east. All of the
terrain in the buffer areas along Koura Road, in the area between the new parking lot and the
private easement road and in the portion of the lot lying east of Renny Lane are heavily vegetated
with a three-canopy forest. The soils around the existing buildings and on the new building site
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are Kapowsin gravelly loam, with a 0-6% slope. The sloping areas to the east of the new parking
lot and the terrain east of the private easement road are Harstine gravelly sandy loam with 15-30
% slopes.
9. This recreational facility will be provided potable water by the Meadowmeer Water
Association which has provided a water availability letter [EXHIBIT 6].
10. The parking areas and site will be landscaped in accordance with the landscape
requirements of BIMC 18.85. A Preliminary Landscape Plan was provided by the applicant at the
time of application. [EXttlBIT3G] The original landscape site plan will be amended to include
specifications for required revegetation of disturbed areas on the site and to comply with the
requirements of BIMC 18.85 for planting, monitoring and maintenance assurance provisions.
11. Access to the site is from Koura Road, a secondary arterial, which is connected to
Highway 305 on the east and Miller Bay Road on the west. The site plan designates 100 parking
spaces around the facility. A traffic analysis done by Heffron Transportation, Inc., determined
that 100 parking spaces will be adequate to serve the parking needs of the expanded facility.
[EXI-IIBIT3C] Sidewalks and pedestrian walkways are designed to accommodate pedestrian
traffic flow from the parking areas to the facility. All formal sidewalks and pedestrian walkways
will be at least 5-feet of unobstructed width, will meet disability accessibility standards and will be
constructed of non-skid hard surfaces. The landscaping and sidewalks will be separated from the
parking stalls and access aisles within the parking lots by raised curbs, except where the waikways
cross driveway access aisles. Where pedestrian walkways cross driveway access aisles, walkways
will be constructed in contrasting materials such as stamped concrete, brick pavers, or with
maintained painted markings to comply with BIMC 18.81.080.
12. Heffron Transportation, Inc., analyzed possible traffic impacts to Koura Road. Ms. Van
Dyke concluded that Koura Road will continue to operate at the present Level of Service (LOS-
A) after completion of the expansion. Traffic from the new facilities are expected to add
approximately 330 vehicles per day along this roadway segment, for a daily trip increase of
approximately 22%. During the a.m. peak hours a 24% increase in traffic volume is expected
both east and west from the private road access on Koura Road. A 15% increase in p.m. peak
hour traffic volumes is expected. The vehicular, pedestrian and bicycle access and site circulation
patterns have been drawn on the site plan. The recreational facilities will front on Renny Lane
which will be improved to Bainbridge Island Residential-Suburban road standards. The applicant
has agreed to improve the portion of Renny Lane which intersects his property to the Residential-
Suburban standards prior to dedication to the City. The City has agreed to accept the dedication
of this road segment. The City will maintain the road after dedication once the road is improved
to comply with design and construction standards and specifications for Residential-Suburban as
adopted by the City of Bainbridge Island. [EXHIBIT 53 and 54].
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13. Koura Road has been identified on the Bainbridge Island Bicycle Access Plan as needing
bicycle lanes along the north and south shoulders of the road [EXTtlBIT 48]. The expansion of
this recreational facility is likely to generate additional bicycle traffic both from within the
Meadowmeer neighborhood and along Koura Road. Additional bicycle racks are being required
in the parking areas to encourage alternative transportation access. Koura Road is a secondary
arterial with gravel shoulders. Bicycle users accessing this new recreational facility from Koura
Road would benefit from the increased safety of a bike lane along the north shoulder where it
adjoins this property. Users of this recreational and fitness facility are likely to use bicycle
transportation to access the facility. SEPA Condition 12 requires the applicant to widen the north
shoulder of Koura Road to accommodate a 5-foot bicycle lane along the portion of the fight-of-
way adjoining the applicant's property. This bicycle lane will improve roadway safety for bicycle
users visiting the facility.
14. Private residences have been built on lots to the east of Renny Lane. View of the racquet
club facilities from these lots has been screened by native vegetation growing between the parking
lot and Renny Lane. Construction of the new pool building and the expansion of the parking lot
on the east side of the pool building will diminish this vegetation screen. The applicant will be
required to enhance this vegetative screen with additional plantings after construction is complete.
SEPA Condition 6 requires a planting restoration plan for the area east of the parking lot and
west of the easement road. The planting restoration plan must be included in the formal landscape
plan submitted by the applicant. A full screen buffer is required between the private access road
and the new parking areas constructed on the site.
15. The new facility will extend the recreation center's operating hours by opening at 5:30
a.m. and closing at 10:00 p.m. each evening. This increase in activity at the site will increase
traffic impacts on the neighborhood. Outdoor lighting will be installed for the safety of visitors to
the facility. All exterior lighting will comply with the City's new lighting ordinance (Ordinance
2002-15). Construction or use activities at the site must comply with the City's noise ordinances
in BIMC 16.16.
16. This recreational facility may wish to install an informational sign identifying the location
and purpose of the facility. This facility is located in a residential area and is being operated as a
conditional use in a residential zone. Signage should be limited to the minimum necessary to
identify the facility for visitors. The Planning Department has recommended that the project erect
no more than two exterior signs on the property. A single facade sign not exceeding 20 sq.fi, will
be allowed as well as a single-sided, free standing sign not exceeding 10 sq.fi, and not exceeding
5-feet in height. No plastic panels or internally illuminated signs will be allowed on the property.
17. The Hearing Examiner made a site visit to the B1RC property on December 5, 2002, prior
to the public hearing. An additional site visit was made December 6, 2002.
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18. A SEPA Mitigated Determination ofNonsignificance (MDNS) was published on October
30, 2002. No appeals were filed.
19. On December 6, 2002, a Public Hearing was held before the Heating Examiner to
consider the application. Prior to the hearing, notice was published in the Bainbridge Review on
November 16, 2002; notice of the public hearing was mailed to the owners of property within 300
feet of the proposed project on November 11, 2002, and notices were posted at the City Hall, the
Chamber of Commerce, and the Ferry Terminal on November 11, 2002; notice was posted at the
subject property on November 21, 2002. [EXHIBIT 40].
CONCLUSIONS OF LAW
1. This application for a Conditional Use Permit is properly before the Hearing Examiner
under jurisdiction provided by BIMC 18.108.020(D) This application has been processed in
accordance with the procedures set forth in BIMC 2.16.100. Adequate legal notice was given
prior to the public heating on this matter on December 6, 2002.
2. BIRC is a recreation facility which qualifies as a cultural facility under the Bainbridge
Island Zoning Code. BIMC 18.06.240 defines a cultural facility as "a place, such as a club, where
people gather to further intellectual and recreational interests and values with others who share
common opinions or interests." This recreation facility is located on property zoned R-2 and R-
0.4. BIMC 18.36.030(D) allows cultural facilities as a conditional use in the R-0.4 zone. BIMC
18.30.030 also allows cultural facilities as conditional uses in R-2 residential zones. The present
buildings occupied by the BIRC are located in the portion of the lot zoned R-2. These buildings
exceed the maximum lot coverage allowed in that zone. The buildings are non-conforming
structures. The building footprint for existing buildings will not be expanded as a result of this
remodel project. All remodeling on existing buildings will be interior remodeling. The addition of
new buildings on the BIRC property will be sited in the portion of the property zoned R-0.4. The
maximum lot coverage allowed in the R-0.4 zone is 10%. (BIMC 18.36.050) Conditional uses
are limited in lot coverage to 50% of the allowable lot coverage in the zone in which they are
located. [BIMC 18.108.040(D)(1)(g)] The addition of the new pool building on the BIRC
property will not exceed the maximum lot coverage allowed for cultural facilities in the R-0.4
zone.
3. A SEPA environmental review was required for this project. The environmental review
was conducted by the City of Bainbridge Island. A SEPA Mitigated Determination of
Nonsignificance (MDNS) was issued on October 30, 2002. No appeals were filed contesting that
MDNS and it is now final.
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3. This application must satisfy the decision criteria set forth in BIMC 18.108.040 to qualify
for a Conditional Use Permit.
4. BIMC 18.108.040(A): 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;
This recreation facility has been built on this site since 1978. Forested buffers have been
maintained along the perimeters of the property. These buffers screen the recreation buildings
from view from adjoining properties. A dense vegetation buffer has been maintained between the
buildings and Koura Road. The BIRC buildings are not visible from Koura Road. In addition, a
tree line and vegetation screens the buildings from view from adjoining properties to the west. A
buffer has been maintained along Renny Lane which helps screen the main BIRC building from
properties located to the east. These buffers will reduce visual impacts keep the recreation facility
use compatible with the existing residential uses made of surrounding properties. The expansion
project has been designed to limit development to the portion of the BIRC property located west
of Renny Lane. The portion of the property east of Renny Lane will be not be disturbed so that
the Category II wetland located on a portion of that site is protected. The site chosen for
construction of the new pool building is a relatively flat terrain appropriate for large building
construction. A geotechnical engineer's report made recommendations for construction which
will ensure site stability. The design, character and appearance of the newly remodeled buildings
and the new pool building are appropriate in scale and design for a recreation facility located in a
residential area. The availability of additional use activities at the BIRC will benefit surrounding
property owners who chose to utilize the facility. The project has been designed with adequate
parking to accommodate the additional visitors attracted to the new facility. Bicycle
transportation access has been encouraged by the provision of bicycle racks on site and the
development of additional bicycle lanes along Koura Road. The new buildings added to the
facility will be harmonious in design, style and character with the recreation buildings now on the
site.
5. B1MC 18.108.040(A): A conditional use may be approved or approved with
modifications ~'...2. The conditional use will be served by adequate public facilities mcluding
roads, water, fire protection, sewage disposal facilities and storm water drainage facilities;
The BIRC is connected to the Meadowmeer water system. The Meadowmeer water
system has provided a water availability letter indicating that they have adequate water service
available to provide potable water for this expanded recreational facility. Fire protection will be
provided by the Bainbridge Island Fire Department. The application includes a sewer system
designed by Indigo Design which has been approved by the Bremerton-Kitsap County Health
District [EXHIBITS 30, 31 and 35.] A Stormwater drainage system has been designed for the
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project. Stormwater detention tanks will be installed under the new parking areas located to the
east of the recreation facility buildings. The stormwater roofrunoffand parking lot runoffwill be
directed into these detention tanks, then treated and released into the wetland on the eastern
portion of the property [EXHIBIT 38. (C. 3).] This recreation facility is located adjacent to Koura
Road which has been designed as a Secondary Arterial by COBI. A traffic analysis performed by
Heffron Transportation, Inc., determined that the Level of Service for Koura Road would not
change as a result of this expansion project. Renny Lane is a private access road which connects
the BII~C facilities to Koura Road. Renny Lane will be improved by the applicants to meet the
design and construction standards and specifications for a Residential Suburban road. The private
easement road will then be dedicated to the COBI. The COBI has agreed to maintain this
segment of roadway after dedication and after it has been improved to meet the City's Residential
Suburban design and construction standards. [EXHIBIT57.] The applicant's preliminary storm
drainage plan has been approved by the City Engineer [EXHIBIT 41.] A final stormwater
drainage plan including temporary erosion and sedimentation controls must be approved by the
City Engineer prior to grading and building permit issuance. This recreation facility will be served
by adequate public facilities including roads, water and fire protection, sewage disposal facility
and stormwater drainage facilities.
6. BIMC18.108. 040( A): A conditional use mcty be approved or approved with
modifications if.'...3. The conditional use will not be materially detrimental to uses or property
in the immediate vicinity of the subject property;
The continued use of this property for a recreation facility will not be detrimental to the
uses or the property in the immediate vicinity of the site. The BIRC has operated a racquetball
and tennis facility on this location for almost twenty-five years. The addition of exercise and pool
facilities will enhance the facility available for use by members who live in the vicinity, as well as
elsewhere on Bainbridge Island. Adequate provisions have been made to protect the critical areas
located on the eastern portion of the property. Traffic impacts to the neighborhood should be
minimal since access to this facility is offKoura Road via a segment of Renny Lane which only
crosses BIRC property. Renny Lane will be upgraded as a result of this project and this upgrade
will benefit users of surrounding properties. A stormwater detention system will be installed on
the property. The project has been designed with the consultation ora geotechnical engineer to
help ensure site stability. Exterior lighting will conform to the COBI lighting ordinance and will
be minimally visible from off-site. The vegetation screening along road frontages will be
maintained. The expansion of this recreation facility will not be materially detrimental to the uses
being made of other residential properties in this zone.
7. BIMC 18.108.040(A): A conditional use may be approved or approvedwith
modifications if.'... 4. The conditional use is in accord with the comprehensive plan;
This facility is located on property which has been included in both the OSR-2 and OSR-
0.4 plan designations. Under the Comprehensive Plan goals, new development should strive to be
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responsive to the natural landscape and should be sited so as to have the least visual and
environmental impact on the island landscape. This proposed new pool building and expanded
parking area are being constructed in the least sensitive portion of the site. The septic and
drainage tanks are being installed underneath the parking areas to minimize environmental impacts
on critical areas located on the eastern portion of the property. The design of the expansion
project preserves a tree covered hillside and vegetation buffers adjacent to the public roadway and
the private roadway. The project meets the Comprehensive Plan's environmental goal of
preserving and enhancing Bainbridge Island's natural systems, natural beauty and environmental
quality by setting aside the entire eastern portion of the property for the protection of the forested
wetland. Stormwater runoffand parking lot drainage will be treated prior to release into the
natural wetland system located on the east portion of the property. Native vegetation buffers will
be retained on the property. The wetland buffer will remain undisturbed. Another goal of the
Comprehensive Plan is to provide safe bicycle travel along roadways identified in the Bicycle
Access Plan. Koura Road is identified in the Bicycle Access Plan as needing bike lanes along the
shoulders. This project will include the widening of the north shoulder of Koura Road where it
adjoins the applicant's property to provide for safe bicycle travel along that portion of Koura
Road. Another goal of the Comprehensive Plan is to protect geologically hazardous areas from
the impacts of use and development. This project is specifically designed to locate all facilities on
that portion of the site that has a fairly flat terrain and soils appropriate for this type of
development. A geotechnical engineer's report was submitted with the application which makes
specific recommendation regarding the construction of the project. Compliance with the
recommendations of the geotechnical report are required as conditions of the Conditional Use
Permit. The goals and policies of the Comprehensive Plan are supported by this project.
8. BIMC 18.108.040(A): A conditional use may be approved or approvedwith
modifications if'...5. The conditional use complies with all other provisions of this code;
This project has been reviewed by the Department of Public Works, Bainbridge Island Fire
Department, Bremerton-Kitsap County Health District and by the Bainbridge Island Planning
Department for compliance. This Conditional Use application complies with the requirements of
the two chapters of the Zoning Code which regulate this property. The project is a non-
conforming structure in the R-2 zone and does not propose any new lot coverage within that
zone. The project will add new buildings in the R-0.4 zone and will meet the lot coverage
maximum for that zone. The yard requirements for both the R-2 and R-0.4 zones for front yards,
rear yards and side yards are met by this application. The final building height will comply with
the height limitations in each zone. The final building height will be verified for compliance at the
time of building permit submittal. This proposal meets the parking and access requirements
contained in BIMC 18.81. The City Engineer has reviewed the project from a traffic impact
standpoint and has given his approval [EXHIBIT47]. A landscaping plan has been submitted by
the applicant. The landscape requirements of BIMC 18.85 will be met by this proposal. The
applicant has proposed to preserve much of the property in native vegetation. The proposal will
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preserve approximately 50% of the existing tree canopy and an additional 11% of the parcel will
be covered by existing and new landscaping. The vegetation screens along Koura Road and
Renny Lane will be maintained. An existing vegetation screen along the west property line will
also remain unchanged. Vegetation will be restored and enhanced after construction. Stormwater
and septic system designs have been engineered for the project. The septic system has been
approved by the Bremerton-Kitsap County Health District and the stormwater drainage system
has received preliminary approval from the Public Works Department. A final drainage plan and
stormwater system design plan will comply with BIMC 15.20 and 15.21. The record submitted
by the Planning Department demonstrates that this conditional use application will comply with
the provisions of the Bainbridge Island Municipal Code.
9. BIMC 18.108040(A): A 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;
BIRC has been built on this site since 1978. Vegetation buffers have been maintained on
the perimeters of the property to screen the buildings from adjoining residential uses. These
vegetation buffers will be maintained after expansion of the project. The new pool building will
be built on the east side of the BIRC building. The BIRC building will screen that pool building
from view from properties located to the west. Properties located across Renny Lane to the east
will be screened by vegetation screening planted in the triangular area between the new parking
area and Renny Lane. Access to the property will be by public road which provides access off
Koura Road only through the applicant's property. Adequate parking will be provided at the
facility to accommodate the increased number of guest expected at the facility after the expansion
is complete. Stormwater and septic system improvements will minimize environmental impacts on
surrounding property and will protect natural drainage systems in the area. Additions and
improvements to this recreation facility will not adversely affect the area or alter the area's
predominantly residential character.
10. BIMC 18.108.040(A): A conditional use may be approved or approved with
modifications if.'... 7. All necessary measures have been taken to eliminate the impacts that the
proposed use may have on the surrounding area;
This project has been conditioned to mitigate environmental and use impacts that a larger
facility may have on the surrounding area. A traffic analysis has determined that the Level of
Service on Koura Road will not change as a result of additional traffic generated by this new
recreation facility. Increased bicycle traffic is anticipated from members of this club and the
applicant will install additional bicycle racks. Expansion of the shoulder along Koura Road to
accommodate a bicycle lane will increase the safety of bicycle users who access the property via
Koura Road. Project development has been limited to the western portion of the site. The
forested wetland located on the eastern portion of the site will remain undisturbed, its buffer will
also remain undisturbed. An agreement has been reached with an adjoining property owner,
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CUP 10643 Page -9- City of Bainbridge Island
Meadowmeer Golf Course, to allow the installation of the BIRC drainfield on the golf course.
The draintield will not be located in the eastern portion of the BIRC property so that the natural
wetland system can be protected. The scale of the new building is consistent with existing
buildings. This will minimize the visual impact of the new facility. Exterior lighting will comply
with the requirements of the COBI lighting ordinance to avoid impacts to surrounding properties.
Vegetation buffers will be maintained on the west, south and east property lines to minimize the
visual impacts to surrounding property users. All necessary measures have been taken in the
design of this project to eliminate the impacts that the proposed expansion may have on the
surrounding residential area.
11. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities m residential zones must be processed as regular conditional use permits and 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 mitigations for degradation of the LOS must be submitted as apart
of the application.
This is an application for a cultural facility in a residential zone and has been processed as
a regular conditional use permit. The applicant has submitted a traffic report prepared by Heffron
Transportation, Inc. which discusses the effects this project may have on the LOS of Koura Road.
Heffron Transportation, Inc. has determined that the LOS on Koura Road is LOS-A. That LOS
will not change as a result of the additional traffic generated by the expansion of this recreation
facility.
12. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities in residential zones must be processed as' regular conditional use permits and meet the
following criteria in addition to those listed above:
(3) All sites must front on roads classified as Residential Suburban or above on the Bainbridge
Island Functional Road Classification Map;
The applicant has agreed to improve Renny Lane to meet the design and construction
standards for Residential Suburban roads as adopted by COBI. Renny Lane once improved as a
Residential Suburban road will then be dedicated to COBI as a public right-of-way. This project
also fronts on Koura Road which is a Secondary Arterial. A SecondaryArterial is a road
classification above Residential Suburban on the COBI Functional Road Classification Map.
13. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities in residential zones' must be processed as regular conditional use permits and meet the
following criteria in addition to those listed above:
(c) Noise levels shall be in compliance with BIMC 16.16. 020 and 16.16. 040 (A) ;
A condition has been added to the SEPA MDNS which requires that the applicant comply
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with the COBI noise ordinance, specifically BIMC 16.16.020 regarding maximum environmental
noise levels, and BIMC 16.16.025 regarding the limitations on construction hours and activities.
This project will also comply with BIMC 16.16.040 which sets the environmental designation for
noise abatement in residential zones as Class A-EDNA
14. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities in residential zones must be processed as regular conditional use permits and meet the
following criteria in addition to those listed above:
(d) The appropriate approvals of sewer and water supply must be submitted at the time of
application.
The applicant has provided copies of the Bremerton-Kitsap County Health District
approval of their septic system design [EXHIBITS 30, 31 and 35.] The applicant has also
provided a water availability letter from the Meadowmeer Water Service Association. This water
availability letter indicates that Meadowmeer Water Service Association is capable of supplying
water to BIRC [EXI-IIBIT 6.]
15. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities in residential zones must be processed as' regular conditional use permits and meet the
following criteria in addition to those listed above:
(e) A fencing plan or alternative methods' to protect the public health, safety and welfare must be
submitted at the time of application;
This facility is an expansion of a currently existing recreation facility. A fencing plan has
not been submitted. This facility is designed for indoor use. The pool being constructed is fully
enclosed in the pool building. No fencing plan is required to protect public health, safety and
welfare.
16. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities in residential zones must be processed as regular conditional use permits and meet the
following criteria in addition to those listed above:
09 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) (this only applies to residential
districts outside of Winslow) ;
The applicant will maintain currently existing vegetation buffers on the west side of the
property and along Koura Road. The vegetation buffer between the recreation buildings and
Renny Lane will be enhanced and revegetated after completion of the project. Additional
landscaping will be added in the parking areas. A landscape plan, in compliance with BIMC
18.85, was submitted and this plan is consistent with the regulations contained in BIMC
18.85.070(D)(4) [EXHIBIT 14.] A final landscape plan will be submitted and reviewed prior to
building permit issuance.
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17. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities in residential zones must be processed as regular conditional use permits and meet the
following criteria in addition to those listed above:
(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 application for CUP is for remodeling of existing buildings in the R-2 zone. Those
buildings exceed maximum lot coverage in the zone and are non-conforming in that zone. They
will not be expanded as a part of this project. All new building will be done in the R-0.4 zone.
Maximum lot coverage in the 11.-0.4 zone is 10%. This facility is limited to 5% maximum lot
coverage. The additional of the new pool building in the 1',-0.4 zone will comply with that
maximum lot coverage requirement.
18. BIMC 18.108.040(C)(1): Educational, cultural, governmental, religious or health care
facilities in residential zones must be processed as regular conditional use permits and meet the
following criteria in addition to those listed above:
(hj 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 (B) and allow alternate driveway and parlcing area surfaces, provided that the allowed
surfaces meet city requirements for handling surface water and pollutants;
The City Engineer has reviewed the vehicular, pedestrian and bicycle access and site
circulation plan submitted by the applicant [EXHIBIT 38.] This approval [EXHIBIT 47] does not
modify the requirements of BIMC 18.81.020(B). Roofrun-offand parking lot surface water run-
off and pollutants are controlled through the stormwater drainage system designed by the
applicant's engineer. This system will be approved by the City Engineer prior to building permit
issuance.
19. The decision criteria of BIMC 18.108.040 have been met by this application. Once a
Conditional Use Permit is approved for this project, no building or development shall occur
contrmy to that specified in the CUP. This project requires certain conditions to ensure
compliance with the BIMC regulations and the Comprehensive Plan. Those conditions of
approval are as follows:
SEPA Conditions:
1. A final stormwater drainage plan including temporary erosion and
sedimentation controls shall be approved by the City Engineer prior to
grading/building permit issuance.
2. A special erosion control plan shall be submitted and approved by the
City Engineer prior to any clearing and grading proposed outside of the dry
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season, April 1 to October 1. The plan shall specifically identify methods of
erosion control for wet weather conditions.
3. The installation of the drainfield shall be approved by the Bremerton
Kitsap Health District and shall not alter the existing contour or drainage of
the 9th fairway.
4. All of the recommendations contained in the Geotechnical Report
prepared by Associated Earth Sciences, Inc. September 27, 2001 shall
become conditions of approval.
5. An Indemnification agreement for construction in geologically
hazardous areas shall be signed and submitted to the City prior to building
permit issuance in conformance with BIMC 16.20.080.
6. A planting restoration plan shall be submitted and approved prior to
building permit issuance for the area east of the parking lot and west of the
easement road. The plan shall provide native trees, shrubs and ground cover
to restore all of the disturbed area. Trees should be planted on 10-foot
centers with shrubs and ground cover to fill in within 3 years of planting.
Replanting shall occur after final grading in this area, but prior to occupancy
of the building, unless it is an inappropriate season to plant, then a
performance assurance device shall be submitted and accepted by the City
prior to occupancy. This area shall be included in the required landscape
maintenance assurance device provided for the project.
7. The property area east of the easement road, as shown on the
September 16, 2002 site plan, shall remain as an undisturbed native
vegetation, wetland and wetland buffer area.
8. The proposed development shall comply with the City's noise
ordinance, specifically, Bainbridge Island Municipal Code Section 16.16.020
regarding maximum environmental noise levels and Section 16.16.025
regarding the limitations on construction hours and activities.
9. All exterior lighting shall comply with the City's lighting ordinance
#2002-15.
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10. Contractor is required to stop work and immediately notify the
Department of Planning and Community Development and the Washington
State Office of Archaeology and Historic Preservation if any historical or
archaeological artifacts are uncovered during excavation or construction.
11. Prior to final inspection, the property owner shall make any needed
repairs to the easement road as a result of the construction and shall dedicate
the portion of the easement road that crosses the subject property to the City
of Bainbridge Island as public right-of-way.
12. Prior to final inspection, the north side of Koura Road shall be
widened to accommodate a 5-foot bicycle lane along the portion right-of-way
adjoining the subject property.
13. All conditions of the Bainbridge Island Fire Department shall become
conditions of approval, specifically:
a. Emergency vehicle access shall be provided at the south
portion of the building. The access shall be at least 20 feet in
width.
b. An automatic sprinkler system shall be installed
throughout the new addition and the existing building as
required by the City Municipal Code. The sprinkler system
shall be designed and installed in accordance with the most
current edition NFPA Standard No. 13. Plans shall be
submitted with the building permit for Fire Department
approval.
c. A licensed sprinkler contractor or utility contractor
holding a Level "U" certification shall be utilized to install the
underground supply for the sprinkler system. Plans for the
underground installation shall be submitted to the Fire
Department for approval prior to beginning construction.
d. A monitored fire alarm system shall be installed
throughout the new addition and existing building consisting
of the following:
i. Manual Pull stations shall be located at each exit.
ii. Audible and visual alarm devices shall be
installed in accordance with Uniform
Fire Code Section 1007.3.3.3 and
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Washington State Amended Section 1007.3.3.4
(WAC 51-34).
iii. The alarm system shall be connected to a U.
L. listed central station.
e. The existing fire hydrant on site shall be equipped with
a 4 inch "STORZ" adapter coupling on the engine port (the
larger discharge outlet).
Project Conditions:
14. Prior to building permit issuance a final landscaping plan matching the
approved site plan and in accordance with BIMC Chapter 18.85. shall be submitted
and approved by the City.
15. A 25-foot area along Koura Road shall be maintained in native vegetation
and/or landscaped as a full screen perimeter buffer as required in BIMC Chapter
18.85. The tree line and vegetation screening along the west property line will be
maintained as a perimeter buffer to provide visual screening for residences located
west of the BIRC facilities.
16. All required landscaping shall be installed and inspected prior to any
temporary occupancy of the structures or a performance device shall be provided to
the City in accordance with BIMC Chapter 18.85.
17. A landscaping maintenance assurance device shall be provided to the City for
a period of three years, as required under BIMC 18.85.090.D, prior to occupancy.
18. Landscaping and sidewalks shall be separated from parking stalls and access
aisles by a raised curb, except where pedestrian walkways cross driveway access
aisles, then the walkways shall be constructed of contrasting materials, such as
stamped concrete, brick, pavers, or with maintained painted markings in
accordance with B1MC 18.81.080.
19. All formal sidewalks and pedestrian walkways shall be at least five feet of
unobstructed width, meet accessibility standards, and be constructed of nonskid
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hard surfaces.
20. The project shall be developed in substantial conformance with the Site Plan
Date Stamped September 16, 2002. [EXHIBIT38]
21. All parking stalls shall be properly dimensioned and striped, compact stalls
shall be so designated and shall not constitute more than 30 percent. All accessible
stalls shall be properly dimensioned striped and have proper signage prior to final inspection.
22. No parking shall be allowed outside of the permanent marked stalls as
depicted on the approved site plan.
23. An appropriate number of bicycle spaces shall be installed on the site, which
allow secure locking of both the frame and wheels of a bicycle. The number of
bicycle spaces required on the site will be determined by the Department of
Planning and Community Development. The bicycle racks must be installed prior
to final inspection.
24. Prior to building permit issuance, the applicants shall provide the City with a
copy of the recorded and health department approved drainfield easement.
25. The project may have a single fagade sign not exceeding 20 square feet, and a
single sided freestanding sign not exceeding 10 square feet and not exceeding 5 feet
in height. Signs shall not be plastic panel signs nor internally illuminated.
26. The applicant shall make road improvements to Renny Lane which comply
with the design and construction standards for Residential Suburban roadways as
adopted by the COBI. These improvements shall be completed prior to its
dedication to the COBI for public right-of-way. It is understood that these road
improvements will be made only to that segment of Renny Lane which crosses the
applicant's property.
27. All roadway and bicycle lane improvements must be completed prior to final
inspection of the project.
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DECISION
This application for Conditional Use Permit is approved subject to conditions listed in
Conclusion of Law 19 above.
Dated this 18t~ day of February, 2003
Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
The decision of the Hearing Examiner is final unless appealed to the City Council in accordance
with the provisions of BIMC 2.16.140. Any appeals must be filed with the City Clerk within 21
days of the date of this Decision.
BIRC Hearing Examiner
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