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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