BIFDDecision080503CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR ) CUP110791
CONDITIONAL USE PERMIT ) FINDINGS OF FACT
APPLICANT: BAINBRIDGE ) CONCLUSIONS OF LAW
ISLAND FIRE DEPARTMENT ) AND DECISION
FINDINGS OF FACT
1. The Bainbridge Island Fire Department has filed an application for a Conditional Use
Permit (CUP) to allow expansion of its Headquarters facility located at 8895 Madison Avenue.
An owner /applicant agreement was signed by Commissioners James E. Johnson and Glen D.
Tyrell on December 4, 2002. This agreement authorized Bror Elmquist of Elmquist Associates
to act on behalf of the Fire Department in seeking approval for the proposed expansion of Fire
Department facilities [EXHIBIT 151. The Fire Department Headquarters is situated on property
identified by Kitsap County Tax Account No. 222502 -01- 023 -2000 and 4169 - 000 - 050 -0206.
This property is legally described as follows:
THE EAST 208 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER, SECTION22, TOWNSHIP 25 NORTH,
RANGE 2 EAST, W.M. INKITSAP COUNTY, WASHINGTON, TOGETHER
WITH THE WESTERLY 30 FOOT PORTION OF THAT COUNTYROAD
VACATED PURSUANT TO THE ORDER OF THE BOARD OF KITSAP
COUNTY COMMISSIONERS DATED THE 18TH DAY OF OCTOBER, 1976,
WHICH ROAD IS DESCRIBED AS FOLLOWS: THAT PORTION OF COUNTY
ROAD #238, LYING IN SOUTHERLYOF THE SO UTHWESTERL Y RIGHT OF
WAY MAR GIN OF SR -305 (OLD SR 21 -A) AND NORTHERLY OF THE
NOR THWESTERL Y RIGHT- OF- WA Y MAR GIN A S DEPICTED ON THE
ALIGNMENT OFSECONDARYSTATEHIGHWAYNO. 21 -A, NOWKNOWNAS
SR -305, WINSL0W TO ROLLING BAY, ON SHEET 4 OF 9 SHEETS DATED
AUGUST 25, 1953. SECTION22 AND 23, TOWNSHIP 2 NORTH, RANGE 2
EAST, W.M. INKITSAP COUNTY, WASHINGTON.
[See EXHIBIT 5.]
2. The project site is occupied by a 14,474 square foot facility which houses the main
offices of the Fire Department, emergency and fire fighting equipment apparatus bays and a
public meeting room. There are bunk rooms and support areas for resident staff in the Fire
Station. A separate residence is built behind the Fire Station. A small storage building and a
building for emergency generators are also on site. A heliport is built on the south portion of the
site. The applicant has proposed two additions to the existing facility:
1. A 1,154 square foot expansion of the main building to accommodate additional
office and work space for the Fire Department administrative staff. This addition would
be built on the southwest side of the building, near the main entrance.
2. A 1,725 square foot addition will be built on the northwest corner of the Fire
Station. This area will provide office space for Fire Department operations staff and
additional living space for volunteer and professional Fire Department personnel.
3. A 600 square foot roofed structure will be built over a wash bay to provide an
area for cleaning Fire Department vehicles. The wash bay facility in the back parking lot
will be connected to the City sewer service for waste water disposal.
3. The project site has been zoned R -2 residential and is designated as Open Space
Residential (OSR) in the Comprehensive Plan. Bainbridge Island Municipal Code (BIMC)
18.30.030(E) allows educational, governmental, religious or health care facilities in the R -2 zone
as conditional uses. This Fire Department facility is included in the Code's definition of
governmental institutions (BIMC 18.06.445). BIMC 18.108.020(D) requires this CUP
application to be processed by the Hearing Examiner using the procedures set forth in BIMC
2.16.100.
4. This project required SEPA environmental review. A Mitigated Determination of
Nonsignificance (MDNS) was issued by the Director of Planning and Community Development
(DPCD) on February 12, 2003. No appeals were filed. No environmentally sensitive areas have
been identified on the site.
5. The project site has a flat topography. The acreage has been cleared to build the Fire
Department Buildings, parking lots and helipad. The site is overlain with Kapowsin gravelly
loam soils. City water and sewer services are available for this site. Stormwater management
will be controlled through an on -site detention system and an existing storm water drainage
system. In 1999, a bioswale and an underground stormwater detention facility were constructed
on the site to handle drainage from .41 acres of building and parking allowed under a new
development permit. The remainder of the site drains to an older stormwater drainage system
which does not include a detention facility. A clarifier for water quality treatment was added to
the existing storm system during the 1999 improvements. Runoff from both the old and new
storm system is combined in a catch basin and conveyed to a roadside ditch along SR -305. The
proposed site improvements will result in a net increase in impervious surfaces on the site of .12
acres. The new pavement area will be graded to drain into the existing storm drainage system.
The roof drainage from the new additions will be conveyed to the existing storm system through
roof down spouts. A detention tank will be installed in the system downstream from the clarifier
to accommodate the water quantity increase. West Sound Engineering, Inc. performed a down
stream analysis for the project. The drainage from this site eventually discharges into Murden
Cove. All ditches and culverts along the drainage way were determined to be free of
obstructions and had no signs of insufficient flow capacity to handle the estimated increase in
water runoff from this new project [EXHIBIT 3]. The City's Public Works Department reviewed
the stormwater drainage plan submitted by the applicant and approved the drainage plan as
proposed [EXHIBIT 14 and 28].
6. This Fire Department facility is located at the intersection of Madison Avenue N and
Hearing Examiner
City of Bainbridge Island
New Brooklyn Avenue NE. Three existing driveways provide access to the site. Access to
visitor parking passes the southwest corner of the Fire Station.
The City Engineer reviewed this application to determine whether a formal traffic analysis report
was required. Mr. Jensen determined that the proposed additions to the Fire Department building
do not substantially alter the current use of the site and do not provide any additional capacity to
the large public assembly room on the site. The use of this public assembly room represents the
highest traffic demand need for the site. No substantial increase in peak traffic is anticipated
from the expansion of the administrative and living spaces in the facility. No additional traffic
analysis was required for this project and no certificate of concurrency was required [EXHIBIT
25].
7. Surrounding properties on the north and east have been zoned R -2. Property to the south
and west of the project site have been zoned Light Manufacturing (LM). Comprehensive Plan
designations for surrounding properties are as follows: North: OSR -2; East: OSR -2; South: CZ-
2; West: LM. The project site is adjoined on the north by open space reserved in the North Town
Woods subdivision. The northeast property line adjoins SR -305. The west property line is
contiguous with the east property line of the Coultas property which has been zoned for Light
Manufacturing. The east property line is bordered by Madison Avenue N, a public right -of -way,
and the south property line is bordered by New Brooklyn Road NE, also a public right -of -way.
Enhancement of the perimeter landscaping on the site is required for this non - residential use. A
new vegetation planting plan has been proposed by the applicant to screen the 1,725 square foot
addition on the northwest corner of the building. Existing vegetated buffers will be retained to
preserve the forested view from SR -305. Additional landscaping is needed in the perimeter
buffers on the property to reduce visual impacts on surrounding properties [EXHIBIT 1, Sheet 4].
8. The height of all proposed additions to the existing facility will be 30 -feet or less, so that
those additions will comply with the height limitations set forth in BIMC 18.30.070. If the
project is built as proposed, the maximum lot area covered by buildings on this site will be 10.2
percent of the total lot area [EXHIBIT 30]. Maximum lot area coverage in the R -2 zone is 20
percent (BIMC 18.30.050). The lot coverage limitations of BIMC 18.108.040(C)(1)(g) have
been waived by the Director [EXHIBIT 23]. This site has been developed with one large main
building and several small accessory structures to house staff and equipment. No structure will
be built closer than 25 -feet to the nearest property line [EXHIBIT 27, Page Sand 6].
9. Seventy -three parking spaces are available to meet the parking demands of users of the
facility. Four employees reside on the property. Five staff members work at the facility.
Personnel numbers are not expected to increase as a result of this remodeling project. No
increase in the number of parking spaces is proposed. The parking layout, as it exists on the site
and is delineated on the submitted site plan, meets the dimensional requirements of the City's
Parking Lot Design Standards. The parking areas also meet the requirements for parking lot
landscaping contained in BIMC 18.85.070. [Staff Report, EXHIBIT 27, Pages 7 and 8].
Hearing Examiner
City of Bainbridge Island
10. This facility is used for public meetings and provides 73 parking spaces for visitors to the
facility. Bicycle parking facilities are required at a ratio of Ito 3 for vehicle parking spaces.
There is a bicycle rack presently in use at the facility which will provide parking for 8 bicycles.
Twenty -four bicycle parking spaces are required by BIMC 18.81.140.
11. Comprehensive Plan Section TR -2.1 provides as follows: "Protect the island's unique
scenic resources along all transportation corridors. Require broad green belts of trees to screen
unwanted views and buffer noises between the roadway and development and screen parking."
This project is located at the intersection of two secondary arterials, New Brooklyn Avenue NE
and Madison Avenue N. In addition, a portion of the property borders SR -305. Perimeter
landscape buffering should be planted and maintained along all public rights -of -way to screen
the parking areas and non - residential uses. A substantial vegetation buffer exists along the north
property line. This forested buffer screens the Fire Station from view by vehicles using SR -305.
The property owner has planted deciduous trees along a fence on the east and south sides of the
parking lots and helipad. This limited planting does not meet the requirements of BIMC
18.85.070(B)(2) for a partial screen. The use of this area for a helipad limits the height of
vegetation which can be planted along the fence line. The evergreen trees required for a partial
screen along the fence line are inappropriate because their height may interfere with the arrival
and departure of emergency helicopters. The red cyclone fence line along Madison Avenue N
and New Brooklyn Avenue NE, should be screened with evergreen shrubs to soften the visual
impact of the fence. Enhancement of this vegetation screen would benefit users of the public
right -of -way by reducing the visual impact of non - residential uses on the property. The Fire
Station is being expanded along Madison Avenue North. The vegetation screening in front of
the new addition must be enhanced. No changes are proposed to the helipad or parking areas,
however, current landscaping does not meet the Code requirements for non - residential uses on
this site.
12. No changes will be made to outside lighting. Current lighting is all pole mounted and
properly hooded, so that the lamp is not visible from adjacent properties or public rights -of -way
[Staff Report, EXHIBIT 27, Page 7].
13. On April 11, 2003 a public hearing was held before the Hearing Examiner to consider the
application. The Hearing Examiner visited the subject property on April 10, 2003. Prior to the
hearing, notice was published in the Bainbridge Review on March 19, 2003; 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
March 13, 2003; notice was posted at the subject property on March 20, 2003. [EXHIBIT 26].
The record remained open for the submission of additional documents which were submitted on
April 21, 2003. At the request of the Hearing Examiner Exhibit 30 was prepared and submitted
for the hearing record on July 31, 2003.
Hearing Examiner
City of Bainbridge Island
CONCLUSIONS OF LAW
1. This application for Conditional Use Permit (CIP) is properly before the Hearing
Examiner under jurisdiction established in BIMC 18.108.020, since this non - residential use is a
use specifically listed as a conditional use in the R -2 zone (BIMC 18.30.030). Adequate legal
notice was given of the public hearing held in this matter on April 11, 2003. The record
remained open until April 21, 2003 to receive additional documents. This application for CUP
must satisfy the decision criteria of BIMC 18.108.040 to be approved, or approved with
conditions.
2. BIMC 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;
This Fire Station was built under an Unclassified Public Use Permit issued by Kitsap
County in June of 1977. The facility was approved for expansion under CUP05- 14 -99 -1 issued
by the City of Bainbridge Island in July of 1999. On November 21, 2002, an application for
additional expansion of the facility was filed with the City. The site will continue to be used as a
public fire station. The remodeled additions to the existing building will provide additional
administrative office space and additional living space for staff members. A separate building
for vehicle washing will be constructed in the parking lot on the north side of the Fire Station.
The continued use of this site for a public fire station is consistent with the existing development
of surrounding properties. The large parcel immediately west of the project site has been
recently rezoned for Light Manufacturing. The property is currently being used for a tree farm,
however, commercial development can be expected on the site. Property immediately south of
the Fire Department property has been developed as a mini - storage facility. Property across
Madison Avenue N to the east, has been developed with a church facility. An open space
greenbelt area for the North Town Woods subdivision borders the property along its north
property line. This subdivision was approved by the City in the late 1990's, more than 20 years
after the Fire Station. The new additions to the existing Fire Station are designed to be
compatible in character and appearance with the existing facility. Enhanced perimeter landscape
buffers will screen these new building additions from surrounding residential and commercial
uses. This Fire Station has been developed on a site which has a flat topography. The additions
to the existing building can be accommodated under present site conditions. Portions of the new
building will be constructed on already existing impervious surfaces. The net increase in
impervious surfaces on the site will be .12 acres. Drainage from these new surfaces will be
accommodated by additions to the storm water management system on site.
3. BIMC 18.108.040.(A) states A conditional use may be approved or approved with
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;
Hearing Examiner
City of Bainbridge Island
This Fire Station is accessed by driveways off Madison Avenue NE, which has been
designated as a secondary arterial. Public water and sewer service is connected to the site. Fire
protection will of course be provided by on -site facilities. Stormwater drainage facilities will be
improved. Existing drainage ways are adequate to accommodate the increased water run -off
expected from this project.
4. BIMC 18.108.040.(A) states A conditional use may 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 as a Fire Station will not be materially detrimental to
the uses being made of property in the immediate vicinity. The only residential property
adjoining the Fire Station property is the North Town Woods subdivision. That subdivision has
reserved open space which adjoins the Fire Department property. The addition of 2,879 square
feet to the existing Fire Station building will have visual impacts on surrounding property uses.
Those impacts have been mitigated by conditions which require vegetation enhancement to the
perimeter buffers along the north and west property lines. The City Engineer has determined that
there will be minimal, if any, traffic impacts generated by the expanded use of this building site.
A Stormwater Drainage Plan has been approved by the Department of Public Works which
proposes a system to manage the increased stormwater runoff anticipated from new impervious
surfaces on the site. The addition of a wash bay for Fire Department vehicles will help to protect
water quality by channeling vehicle wash water into the City's sewer system.
5. 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;
The Comprehensive Plan, Public Facilities, Goal 1, states " the needs of the community
shall be met by providing public facilities and services that are equitably distributed throughout
the community, that are located and designed to be safe and convenient to the people they serve,
that provide flexibility of use and maximum efficiency, that are compatible with adjacent uses
and the environment." The expansion of this existing Fire Station helps meets this Public
Facilities goal. The Fire Station is located near a primary and a secondary arterial. The facility
has safe and convenient access for emergency vehicles servicing the community. The expansion
of the Fire Station to provide more administrative office space, as well as additional living
quarters for staff, will allow the Fire Department to continue to meet the needs for fire protection
for the island's increasing population and development. This site has been developed for Fire
Station use since 1977 and was a recognized use at the time of the adoption of the
Comprehensive Plan. No critical areas have been identified on the site. The topography of the
site makes it appropriate for an expansion of existing facilities to service the needs of the
community.
6. BIMC 18.108.040.(A) states A conditional use may be approved or approved with
modifications if.-...5. The conditional use complies with all other provisions of this code;
This Fire Station was originally constructed under an Unclassified Public Use Permit
Hearing Examiner
City of Bainbridge Island
issued by Kitsap County. Since incorporation, the City of Bainbridge Island has zoned this site
residential R -2. There are several structures on the property which do not meet the limitations of
current zoning (BIMC18.30). Those nonconformities are not being expanded by this project.
The use of this property for a governmental facility is allowed as a conditional use in the R -2
zone (BIMC 18.30.030). This project must comply with the parking and access requirements of
BIMC 18.81. Seventy -three parking spaces currently exist on the site. The City Engineer has
determined that these spaces are adequate to meet the anticipated traffic generated from this
project [EXHIBIT 25]. The parking lots meet the dimensional requirements of the City's
Parking Lot Design Standards. Walkways have been constructed connecting the building
entrances to the parking areas and establishing a pedestrian circulation route within the parking
lot. Additional bicycle parking spaces are being required as a condition for this permit approval
(Condition 10). This application must also meet the landscape requirements of BIMC 18.85.
The perimeter landscape requirements of BIMC 18.85.070 require full screen buffers between
abutting residential zoning and abutting non - industrial uses. In addition, a partial screen
perimeter landscape buffer is required along public rights -of -way. This CUP is conditioned to
require compliance with the landscape requirements of BIMC 18.85.070 (Condition 9). The
applicant has not proposed building heights which exceed the maximum building height allowed
in the R -2 zone. The Fire Station is set back more than 45 -feet from Madison Avenue and New
Brooklyn Avenue NE. The closest structure on the site to a side property line will be
approximately 25 -feet from that property line. Stormwater management systems will comply
with BIMC 15.20 and 15.21 (Conditions 3 and 4). The project, if built as conditioned, will
comply with all provisions of BIMC.
7. BIMC 18.108.040.(A) states 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;
The continued use of this property for a Fire Station will not adversely affect the area.
Most properties surrounding the Fire Station have been developed for non - residential uses. A
full screen perimeter landscape buffer will be maintained along the north property line, where it
adjoins open space reserved for the North Town Woods residential development. There will be
no change in use for this site as a result of this remodeling project. The visual impact from the
expansion of the Fire Station building will be mitigated by the screening provided by the full
screen buffer on the north and west property lines. Enhanced landscaping will be required in
front of the new administrative offices addition on the southwest corner of the building to
minimize visual impacts for people using the public right -of -way on Madison Avenue N. The
properties immediately surrounding this Fire Station are no longer predominantly used for
single - family residences. The small expansion of these Fire Station facilities will not adversely
affect the residential uses being made of some properties in the area.
8. BIMC 18.108.040.(A) states 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;
Hearing Examiner
City of Bainbridge Island
The expansion of this Fire Station should have few significant adverse impacts to
properties in the area. Conditions have been placed on the project to reduce visual impacts from
the larger building on the site. Stormwater facilities will be improved to handle increased runoff
caused by the increase in impervious surface. Additional bicycle parking facilities will be
provided to accommodate visitors to the facility and comply with the parking requirements of the
City of Bainbridge Island. Landscape perimeter buffers will be established around the property
to provide a vegetation screen between parking areas and structures located adjacent to public
rights -of -way and between adjoining uses. Construction activities will be limited to help reduce
noise impacts on adjoining neighbors. All significant adverse impacts anticipated from this
project will be mitigated by conditions attached to this approval.
9. On March 14, 2003, the Director of Planning and Community Development determined
that this Fire Department facility meets the requirements to waive the decision criteria in BIMC
18.108.040(C)(1). The Fire Department employs 19 full time employees at the facility. The
Director required that the Conditional Use Permit application comply with BIMC 18.108.040(A).
The City Engineer determined that the applicant was not required to submit a traffic report, since
the project was not anticipated to generate traffic which would affect the LOS on Madison
Avenue NE, New Brooklyn Avenue NE, or on SR -305.
10. Reasonable conditions must be imposed to ensure that this application meets the decision
criteria of BIMC 18.108.040(A). Those necessary conditions are as follows:
SEPA Conditions:
1. To address run -off concerns, the applicant shall submit a Temporary Erosion
and Sedimentation Control Plan meeting the requirement of BIMC 15.20 to the
Public Works Department for review and approval prior to any clearing,
grading, or construction activities.
2. Clearing, grading, or filling shall only occur in the period between April 1St and
October 1St unless the applicant provides an erosion control plan that specifically
identifies methods for wet - weather conditions. Such a plan shall be reviewed
and approved by the Public Works Department prior to beginning any
earthwork.
3. The applicant shall utilize Best Management Practices as endorsed by the
Department of Ecology and as directed in its Stormwater Management Manual
for the Puget Sound Basin (Technical Manual). Stormwater plans shall comply
with BIMC Chapter 15.20 and shall be reviewed and approved by the Public
Works Department prior to building /grading permit issuance.
4. Prior to issuance of the first Certificate of Occupancy, the applicant shall submit
a operation /maintenance plan and record a Declaration of Covenant to satisfy
Hearing Examiner
City of Bainbridge Island
the Public Works Department and to meet the requirement of BIMC Chapter
15.21 for newly constructed on -site stormwater systems. The structures
associated with the system are to remain accessible for maintenance purposes.
5. To mitigate air quality impacts during clearing activities, any cleared vegetation
must be removed from the site and /or processed by chipper or some other
method of disposal that does not require burning.
6. To mitigate noise impacts to adjacent development, outside construction
activities shall 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.)
7. To mitigate potential off -site glare, exterior lighting associated with the
development shall be hooded and shielded in accordance with Ordinance No.
2002-15.
Non -SEPA Conditions:
8. The improvements shall be completed in substantial conformance with the plans
date stamped November 21, 2002.
9. A revised planting plan shall be submitted and approved prior to building
permit approval. The revised plan shall show plantings meeting the
requirements in BIMC 18.85.070(B)(1) for a full screen along the north and west
property boundaries. The applicant shall work with the Department of
Planning and Community Development to determine what, if any, plantings are
required to meet the requirements of BIMC 18.85.070(D)(4) for a partial screen
along the public rights -of -way adjoining the project site. The applicant's
Planting Plan must be revised to include any additional plantings required by
the Department of Planning and Community Development.
10. Prior to issuance of the Certificate of Occupancy, the applicant shall install bike
racks supplying parking for at least 16 bicycles.
DECISION
A Conditional Use Permit is granted to allow expansion of the Fire Station by 2,879
square feet and the construction of a vehicle wash bay as shown on the Site Plan dated October
29, 2002 and received by the City of Bainbridge Island on November 21, 2002, subject to the
Conditions of Approval listed in Conclusion of Law No. 9.
Hearing Examiner
City of Bainbridge Island
Dated this 5th day of August, 2003
/S/ Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This Decision is final unless within 21 days of issuance an appeal is fled seeking
Superior Court review under RCW 36.70C (Ordinance 2003 -25).
Hearing Examiner
City of Bainbridge Island