HARBOR SQUARE MIXED USE PROJECT CITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
CUP 11277 / PRJ 0011277
Application for Conditional Use Permits
FINDINGS OF FACT,
CONCLUSIONS OF LAW
Washington 3evelopment Company, Inc., AND DECISION
Applicant
Harbor Squa ~e Mixed Use Project
SUMMARY
The 1 [arbor Square Mixed Use Project is a revised proposal for development of 4.3 acres
bounded by Winslow Way E., Femcliff Avenue NE and Cave Avenue NE. The site plan has
been appro~:d for thc development of a mixed usc project consisting of 180 multi-family
residential fits and 22,150 square fcct of commercial space, which includes General Retail,
Office and ommuter-orientcd retail. Conditional Use Permits have been requested to allow the
establishme t of 7,360 square feet of General Retail in the Ferry Terminal District, to permit
construction of two access driveways off Winslow Way E. and to allow construction of a fiity
five foot lam mark tower structure on the southeast comer of thc project.
FINDINGS OF FACT
1. Washington Development Company, Inc. is the legal owner of approximately
4.43 acres o~' land bounded by Winslow Way E. on the south, Fcmcliff Avenue NE on the east
and Cave A~ cnue NE on the west. This parcel is identified by Tax Assessor Parcel No. 262502-
3-009-2000.
2. The Applicant's property is located in the Ferry Terminal Overlay District in the
Mixed Use l?own Center Commercial Zone. A SEPA MDNS was issued by the City of
Bainbridge I dand on November 10, 1999 for the previous reviewed Winslow Landing Project on
the same parcel. No appeals of that SEPA MI)NS were filed. On August 13, 2002, the SEPA
Official det¢nnined that the November I0, 1999 MDNS, with its addendum, was applicable to
the current >mposal. This decision to apply the earlier SEPA determination to the current
version ofth development project did not trigger a new appeal period.
Findings of] act, Conclusions of Law and Decision - 1
Harbor Sque re CUP11277
Application for a CUP to allow two driveways to Winslow Way E.
3. The Mixed Use Town Center zone consists of five overlay districts of which the
Ferry Terminal Overlay District is one. BIMC 18.40.030 contains use tables and development
standards tables for the District. The development standards table at the end of BIMC 18.40.030
states: For properties along Winslow Way, there shall be no driveway from private property to
the street except as approved as a conditional use. Driveways in existence prior to July 1, 1987
are excepted from this requirement. This property has two existing driveways which provide
access to Winslow Way E. Those driveways existed prior to July 1, 1987 and are excepted. The
applicant proposes closing the two existing driveways and replacing them with two driveways
which are more evenly spaced along the Winslow Way frontage. This parcel extends almost 600
feet from Ferncliff Avenue NE almost to Cave Avenue NE. The new location of these
driveways was determined after consultation with the City's engineering department. Major
improvements to Winslow Way E. have been recently completed by the City. A center turn lane
has been established between FemcliffAvenue NE and State Route 305. Curb cuts for the new
driveways were included in the improvements. The two-way center turn lane will provide a
queuing area for project-related turning movements. Limiting vehicle access to the site to the
two driveways along Winslow Way E. will help direct traffic away from existing residential
development along Femcliff Avenue NE and Cave Avenue NE.
4. This project has been designed with eight separate buildings. Five of those
buildings will front on Winslow Way E. A central pla?a area has been designed near the mid-
point of the frontage along Winslow Way E. A driveway will access the property between
buildings on either side of that central plaza. This spacing breaks the project frontage into three
smaller visual blocks which will reduce the visual scale of the development and make it more
compatible with neighboring uses.
There will be perimeter sidewalks on all street frontages. These perimeter sidewalks, in
conjunction with the designed interior sidewalks, and the central plaza pedestrian walkways, will
provide direct access to all the buildings. The two surface parking lots accessed by the
driveways off Winslow Way E. will have sidewalks along their entire commercial frontage on
the south side of the parking lots. Pedestrian and vehicle traffic will be separated throughout the
project.
5. The driveways will provide access to parking for retail uses in the building. The
retail spaces will be located only on the ground floors oftbe buildings fronting on Winslow Way
E. Parking is located behind the buildings. These driveways will access the surface parking as
well as the underground parking garages. The driveways have been designed with a wider throat
along Winslow Way E. to accommodate emergency vehicle access and provide adequate site
lines for turning movements. Both driveways are designed for two-way traffic.
6. The locations of two driveways, which have historically provided access onto
Winslow Way E. from this parcel, are not compatible with the proposed siting of buildings and
open space for this project. Vehicles exiting the ferry commuter parking lot on the southeast
comer of this property conflict with traffic making a right-hand turn onto Winslow Way E. from.
FerncliffAvenue NE. Relocating this driveway to the west will help resolve that traffic conflict.
Findings of Fact, Conclusions of Law and Decision - 2
Harbor Square CUP11277
The other xisting driveway serves a single family residence. It must be relocated to
aceommoda ~' parking and building access designed for this project.
7. Heath & Associates, Inc. provided a traffic impact analysis for this project.
(Exhibit 5) rhe traffic engineers have determined that the recently constructed, two-way left
turn lane along Winslow Way E. will provide safe opportunities for traffic turning onto the site.
A daily ave~ age of 720 trip movements wilt enter and exit the site. The traffic engineers
determined tl mt the site distances at the proposed driveway entrances along Winslow Way E. are
sufficient. A moderate amount of new traffic is expected l~om this mixed use project. Nearby
intersections are expected to maintain their current Levels of Service (LOS). The City Engineer
has reviewe; the Applicant's traffic impact analysis and concurs with its methodology and
conclusions.
Application hr CUP to allow General Retail uses in the Ferry Terminal Overlay District
8. The Applicant has also requested a Conditional Use Permit to allow establishment
of General ',etail businesses on the site. This application is a continuation of the original
conditional ~se application filed for the Winslow Landing Project on February 26, 1998.
BIMC 18.4( 020 was amended after the applicant's CUP application was submitted.
BIMC 18.40 020 now prohibits General Retail in the Ferry Terminal Overlay District . The
provisions o ! the BIMC in effect at the time of the applicant's original completed application
allowed Gen ,'ral Retail in this district as a conditional use.
9. This project has proposed development of 22,150 square feet of commercial uses.
The comme~ :ial area would be developed with approximately one-third as office space, one-
third as copt muter-oriented retail and one-third as General Retail. Mr. Isley testified that the
General Ret,' il proposed for this site is not intended to be destination commercial. The project
planners em ision businesses such as bookstores, bike shops, and dry cleaning which would
service area ~esidents. BIMC 18.06.870 de£mes" retail sales" as selling goods or commodities to
final consut, ters. Retail sales include a restaurant other than a "formula take-out food
restaurant". Commuter-oriented retail is also planned for the project site. BIMC 18.06.205
de£mes "coz unuter-oriented retail" as retail services and certain personal and professional
services, off~ red primarily to ferry commuters, open during peak commute hours, not exceeding
2,000 squar~ feet, and requiring no customer parking, for example, coffee bar, newspaper stand,
florist, drop ~ff dry cleaners, shoe repair, automatic teller machines and other uses that require
a short visit.
This site will be developed with 180 multi-family residential units. The occupants of
these units afill patronize the on-site retail businesses. Parking lots have been provided in the
interior of ti e project site for use by retail customers. The multi-use project creates a live/work
environment which will help support on-site retail. Since the project is located close to the ferry
terminal, pet [estrian access to commercial areas on the site is expected to generate a significant
amount ofn~ ,n-motorist traffic for retail support.
10. General Retail uses on the site will have no greater impact on water availability,
fire protectk n, sewage disposal facilities or storm water drainage facilities than would commuter
Findings of] :act, Conclusions of Law and Decision - 3
Harbor Squ* re CUP11277
oriented retail. The project will be served by the City water, sewer and storm water drainage
system. The LOS on connecting roadways will remain the same.
11. Surface parking for the retail spaces is provided in lots immediately adjacent to
the retail space. The retail parking designated on the site will not interfere with commuter
parking or vehicular circulation for residential parking. Access to the retail space will be fi.om
Winslow Way E. and should not impact adjacent residential uses on Femcliff Avenue NE and
Cave Avenue NE.
12. The Planning staff has proposed certain conditions to allow operation of General
Retail on the site. Those conditions are a limitation in the hours of operation for General Retail
businesses fi.om 6 a.m. until 10 p.m. and a prohibition against businesses whose primary
emphasis is the service of alcoholic beverages for on-site consumption'such as bars, nightclubs
and pubs. Businesses serving alcoholic beverages with meals, such as bistros, cafes and
restaurants, are permitted. (Condition 8) The Applicant has agreed to all proposed conditions
for the project. These limitations on hours of operation and on the type of tenancy in the
buildings will help ensure compatibility with residential uses on surrounding properties.
13. Allowing General Retail as a conditional use would not establish a precedent for
other General Retail development in the area since new applications would be subject to the
current Ferry Terminal Overlay District zoning limitations. General Retail is no longer allowed
in the district. Only commuter-oriented retail is now permitted.
Application for CUP to allow construction of a 55 foot high landmark tower structure.
14. The Applicant has also requested a Conditional Use Permit to allow construction
ora landmark tower at the comer of Ferncliff Avenue NE and Winslow Way E.. This landmark
tower has been designed by the Applicant at a height of 55 feet above average grade. A final
design for the landmark tower has not been determined. At the Planning Commission review,
the Applicant submitted three possible designs for the landmark tower structure. (Exhibit 19)
15. The design guidelines for the Ferry Terminal Overlay District states as follows:
The intersection of Winslow Way E. and Ferncliff is appropriate for visually prominent
architecture that incorporates features such as distinctive roof forms, cupolas and landscape
roof decks. In response to that guideline, the Applicant has proposed a tower structure which
resembles the architect's interpretation of lighthouse or water tower structure. The average roof
height for project buildings at the comer of Winslow Way E. and FerncliffAvenue NE will be 35
feet above average grade. The tower will rise 20 feet above those buildings. Mr. Isley testified
that buildings on the project site to the north of this comer will be ten to fifteen feet higher due to
changes in site elevation and underground parking on the north side of the property. When the
project is viewed fi.om the north, the landmark tower roof should be approximately the same
height as the roof height of buildings located on the north portion of the property. The landmark
tower will be visible from the ferry terminal to the south and fi.om properties to the east and
west.
Findings of Fact, Conclusions of Law and Decision - 4
Harbor Square CUP11277
16. The owner of the San Juan Building, which is located directly across Femcliff
Avenue NE ~ o the east, attended the Planning Commission meeting and asked that the tower not
contain audil ~le clocks or spillover lighting. The Planning staff has recommended Condition 9
to address [ tese issues: To the satisfaction of the Planning and Community Development
Director, thi tower shall not contain devices or materials that create obtrusive noise or light
impacts to s~ rrounding residences. The staffhas also recommended that the landmark tower be
limited in si~ ~ to an average width and depth not exceeding twelve feet.
17. The Planning Commission recommended that the Applicant work with the
Bainbridge I dand Arts Commission to obtain additional local input on the final design of the
tower stmctt re. That directive has been included as a condition on the project. The Applicant
has agreed consult with the Bainbridge Island Arts Commission before finalizing the tower
design.
18. The views from adjoining properties will not be substantially impacted by the
addition of andmark tower on the southeastern comer of this building site.
19. This parcel's three street frontages are, by definition in the BIMC, considered
front yards. The required front yard widths for the Ferry Terminal Overlay District are zero
feet minimm and five feet maximum (BIMC 18.40.030, Development Standards). The front
yard setback are modified by BIMC 18.40.031 which requires a partial landscaping screen
along portio of the site's Cave Avenue NE and Femcliff Avenue NE frontages. This
requirement results in a twenty foot building setback for those areas. The position of the
buildings ak ng street frontages shown on the site plan meets the setback requirements. The
buildings to be built along Winslow Way E. are within five feet of the public sidewalk. The
buildings to ~e built along Cave Avenue NE and Femcliff Avenue NE are also either within five
feet of the si~ lewalk or, where required, no closer than twenty feet from the property line.
Since this pareel has two or more front yards, the BIMC considers the remaining yards to
be side yard~ ~. The north property line of this parcel and the property lines adjoining thc Pine
Building on :he west are considered side yards. An alley is to be built along the north property
line as requi 'ed by the Fire Department. The northern buildings will be setback approximately
twenty-five 225) feet from the north property line. Buildings on the site will be setback
approximate y seven (7) feet from the Pine Building property lines on the southwest. These
setbacks will meet the requirements for side yards as set forth in the BIMC.
20. The staff has recommended that the landmark tower height, width and depth be
restricted to: ninimize impacts on surrounding properties. The location of the landmark tower on
the comer o:'the property surrounded by thirty-five and forty-five foot buildings will minimize
the tower's ~isual impact off site. Limitations on illumination and noise will help minimize
impacts to s~ xrounding property owners. This site is bordered on the east by property which is
zoned Urhax Residential. A transition zone has been established in the BIMC for properties
north of Wi~ slow Way, including a portion of the project site. This project conforms with the
requirements, of that transition area as defined in BIMC 18.40.031. The landmark tower
structure wil not be located in that transition area and should not, if constructed as conditioned,
adversely irt ~act Urban Residential properties located to the east. Views from a large parcel
Findings ofl ~ct, Conclusions of Law and Decision - 5
Harbor Squa :e CUP11277
directly north of the project site will be impacted by the build out of this project. Construction of
buildings at allowable building heights on this parcel will diminish southerly views from the
McConneIl/Lowery/Wicktom/Cave property immediately to the north. The Harbor Square
property increases in elevation from south to north, thereby increasing the visual impact for
buildings built along the north property line. The placement of the landmark tower structure on
the southeast comer of the property will minimize its impact when viewed from the north.
Views from properties along Ferncliff Avenue NE on the east side of the project site will be
impacted by the building of this project on land that has previously remained undeveloped. The
addition of the landmark tower structure in the southwest comer of the site will have a minimal
increased effect on that view blockage. Likewise, the views from the south and the west will be
impacted by the construction of thirty-five to forty-five foot buildings on this project site,
however, the addition of a land, mark tower structure in the southeast comer of the site will have a
minimal effect on views fromthose directions.
21. A public hearing in this matter was held on Friday, November 15, 2002 in the
Bainbridge Island City Hall Council Chamber. Notice of that hearing was mailed to parties who
own property within 300 feet of the subject site on October 18, 2002. In addition, copies of the
Notice of Hearing were posted at the Chamber of Commeme and the ferry terminal. Notice of
the public hearing was published in the Bainbridge Island Review on Saturday, October 26,
2002. The property was posted by the Applicant.
CONCLUSIONS OF LAW
1. The Applicant has requested three separate Conditional Use Permits to allow
establishment of 7,360 square feet of General Retail, to permit construction of two driveways off
Winslow Way E. and to facilitate creation of a landmark tower structure exceeding thirty-five
feet in height. These Conditional Use Permits are related to the Site Plan Review No. SPR
11277, which approves development of Harbor Square, a mixed use project located in the Ferry
Terminal Overlay District. These Conditional Use Permit applications are before the Hearing
Examiner pursuant to jurisdiction established in BIMC 18.108.020. The applications were
remanded to the Planning Commission for review and recommendation prior to submission to
the Hearing Examiner for decision. The Planning Commission, at its August 8, 2002 meeting,
recommended approval of the three applications for Conditional Use Permit with certain
conditions. The applications were processed in accordance with the procedures set forth in
BIMC 2.16.100.
2. BIMC 18.108.040 outlines the decision criteria for approval of a Conditional Use
Permit. The conditional use may be approved with conditions, however, if no reasonable
conditions can be imposed that ensure the application meets the decision criteria of BIMC
18.108.040, then the application must be denied. Each of these applications for Conditional Use
Permit must meet the requirements of BIMC 18.108.040(A)(1) through (7) to qualify for
approval.
Findings of Fact, Conclusions of Law and Decision - 6
Harbor Square CUP11277
Conditional Use Permit to Allow Two New Access Driveways Onto Winsiow Way E.
3. BIMC 18.108.040(A)(1)..4 conditional use may be approved or approved with
modifications, if: (1) the conditional use is harmonious and appropriate in design, character
and appeara *ce with the existing or intended character and quality of development in the
immediate vi :inity of the subject property and with the physical characteristics of the subject
property;
The ,~ pplicant has requested permission to locate two new access driveways on Winslow
Way E.. The property has two existing driveways on Winslow Way E.. Those driveways were
established p: ior to July 1, 1987 and are thus excepted from BIMC 18.40.030. The two existing
driveways wi [I be abandoned if this Conditional Use Permit allows the establishment of two new
access drivex rays to Winslow Way E. The new driveways will be evenly spaced along the
Winslow Wa ~ E. frontage. The driveways will provide access to the interior of the parcel where
residential an t commercial parking wilt be provided. Relocating the driveways as proposed will
break the bui [ding frontage into three small blocks, thus reducing the scale of the development
and its appea~ mace along Winslow Way E. This site design conforms to the design guidelines for
the Ferry Ter ninal Overlay District which recommend that new development and redevelopment
should inclut streets, alleys or lanes that can serve to break down the scale of these larger
bloc/~.
One of the :isting driveways is located near the comer of Winslow Way E. and Ferneliff
Avenue NE. This driveway services a ferry commuter parking lot on the southeast corner of the
site. Vehicle I exiting that driveway eordlict with vehicles turning right from Ferncliff Avenue
NE onto Win ,low Way E. The relocation of this driveway further west will eliminate this traffic
conflict.
Winslow ~ay E. is a secondary arterial as classified on the City's Functional Road
Ctassifieatior Map. The City's recent street improvements to Winslow Way E. were designed to
accommodat~ the development of this project. The property owner dedicated additional right-of-
way to accon xnodate the construction of a two-way left turn lane in the center of Winslow Way
E. This cent~ r lane will allow turning movements into the project site. The driveways have been
designed wil/t a wide access apron to facilitate turning movements. Access for service and
emergency vi hides is also available from ma alley along the north property line.
The was , on State Department of Transportation Ferry Terminal and adjoining ferry
commuter pa 'kin~ are located on property due south of the project site. The relocation of these
driveways wi 1 not affect current access to those facilities.
A traffic anal ysis has been conducted by the Applicant which shows the LOS along Winslow
Way E. will ~ emain unchanged. The traffic engineers determined that entering site distances at
the proposed mtrances along Winslow Way E. is sufficient for traffic safety. (Exhibit 5)
The p 'oject site has a relatively fiat terrain which slopes downward to the southwest with
an average g~ adient of 5%. The steepest gradient on the property is 9%. The property soils are
Kapowsin Gr tvelly Loam which is appropriate for urban development.
Findings ofF ~ct, Conclusions of Law mad Decision - 7
Harbor Squat: CUP11277
The location of these two access driveways along the Winslow Way E. fi'ontage is appropriate in
design, character and appearance with other development in the immediate vicinity and with the
physical characteristics of this property.
4. BIMC 18.108.040(A)(2). ~4 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;
Winslow Way E. has been recently redesigned to include a center turn lane. Ten feet of
right of way was dedicated by former owners of this property to allow a widening of Winslow
Way E. That widening was accommodated within the dedicated right-of-way. Winslow Way E.
is designated as a secondary arterial. Winslow Way E. has been developed to a standard that is
adequate to accommodate the additional traffic which is anticipated from this project. Curb cuts
were included along Winslow Way E. to accommodate new access driveways. In addition, on-
street parallel parking was included to accommodate this project. Harbor Square will be served
by adequate public facilities, including water and sewage disposal services provided by the City
of Bainbridge Island. Fire protection will he provided by the Bainbridge Island Fire Department.
Conditions have been attached to the Site Plan approval to meet Fire Department requirements
for emergency vehicle access, fire hydrants and adequate fire flow. The driveways have been
designed with wider aprons along Winslow Way E. to accommodate turning movements onto the
site. An engineered storm drainage plan will provide for storm water control on the site.
Adequate public facilities are available to accommodate the impacts from a relocation of these
driveways along Winslow Way E.
5. BIMC 18.108.040(A)(3). ~,/conditional use may be approved or approved with
modification if: (3) the conditional use will not be materially detrimental to uses or property in
the immediate vicinity of the subject property;
The traffic impacts from two new driveways along Winslow Way E. have been
minimized by the recent street improvements. The center turn lane will provide a queuing area
for project-related turning movements. No driveway access will he allowed t~om Cave Avenue
NE or Ferucliff Avenue NE except that limited emergency and service access over the alley
along the north property line. Winslow Way E. access to the project site for both commercial
and residential property owners will direct traffic away fi.om Ferncliff Avenue NE and Cave
Avenue NE thereby reducing traffic impacts for adjoining property owners. Perimeter and
interior sidewalks will separate pedestrian traffic from vehicle traffic along the driveways. The
Applicant will he constructing two pedestrian crosswalks across Winslow Way E. to
accommodate pedestrian traffic to and fi.om the ferry terminal. The relocation of access
driveways along Winslow Way E. as proposed will have no materially detrimental affect on the
uses of the property in the immediate vicinity of the site.
6. BIMC 18.108.040(A)(4). ~/ conditional use may be approved or approved with
modifications if: (4) the conditional use is in accord with the Comprehensive Plan;
No specific provisions are found in the Comprehensive Plan which directly address
access points onto Winslow Way E.. The zoning code establishes development standards and
Findings of Fact, Conclusions of Law and Decision - 8
Harbor Square CUP11277
design guide ines for the Ferry Terminal Overlay District. An apPlication for Conditional Use
Permit to tel ~cate driveways along Winslow Way E. is consistent with the provisions of the
zoning code.
7. BIMC 18.108.040(A)(5). A conditional use may be approved or approved with
modification,' if: the conditional use complies with all other provisions of this Code. The siting
and design *,f these two new access driveways along Winslow Way E., if constructed as
conditioned, ~vill comply with all provisions of the Bainbridge Island Municipal Code.
BIM(', 18.40.030 allows driveways from private property onto Winslow Way only if
approved un~ .er the conditional use process. These driveways will be constructed in accordance
with the Des gn and Construction Standards and Specifications adopted by the City and will be
reviewed an~[ approved by the Department of Public Works as part of the building permit
application. The City has required that all access points have a minimum of twenty-five feet
radii to ensue adequate turning movements for access. Control and treatment of storm water
run-offwill ~ e designed in accordance with the BIMC standards.
8. BIMC 18.108.040(A)(6). A conditional use may be approved or approved with
modification, if: (6) the conditional use will not adversely affect the area or alter the area's
predominant~ ~ residential nature;
Direc mg all traffic access to the site to Winslow Way E. will reduce the traffic impacts
on Cave Aw nue NE and Ferncliff Avenue NE . Cave Avenue NE and Ferncliff Avenue NE
have been de veloped in part with residential uses. The redevelopment of Winslow Way E. with
a center turn lane provides a queue lane for vehicles turning onto the project site. Vehicles
stacking up n the queue lane before turning into the western most driveway of the property
could effect uming movements onto Cave Avenue NE. A traffic analysis has determined that
the moderate traffic volume anticipated from this project will not change the level of service
available alo ~g Winslow Way E. Impacts to the primary intersections along Winslow Way E.
should be mc derate with little or no drop in LOS at most intersections. (Exhibit 5.)
TralTl e along Cave Avenue NE and Ferucliff Avenue NE should not significantly
increase as a result of the moderate traffic anticipated from this project.
9. BIMC 18.108.040(A)(7). A conditional use may be approved or approved with
modification.' if: (7) all necessary measures have been taken to eliminate the impacts that the
proposed use may have on the surrounding area.
Prior planning approvals required a dedication of ten feet of property along Winslow
Way E. to ac :ommodate a widening of Winslow Way E. The redesign of Winslow Way E. was
recently con pleted by the City. The use of the project site for a substantial mixed use
development was anticipated and new requirements for access onto the project site were
accommodat, :d in the redesign. A center turn lane was created to accommodate mid-block
driveways ar :1 turning movements. On street parking was included to accommodate commercial
development Ten foot sidewalks along Winslow Way E. will accommodate pedestrian traffic
anticipated am the project. Numerous conditions have been attached to the Site Plan approval
Findings of act, Conclusions of Law and Decision - 9
Harbor Squa CUPl1277
and the SEPA approval to ensure that all anticipated impacts fi'om the project have been
mitigated. Impacts fi'om the relocation of the sites two existing driveways along Winsiow Way
E. have been mitigated through driveway design and Winslow Way E. improvements. All
necessary measures have been taken by the City and the Applicant to eliminate impacts
anticipated l~om the relocation of the two access driveways.
Conditional Use Permit Request to Allow 7,360 Square Feet of Commercial Space to Be
Used for General Retail
10. BIMC 18.108.040(A)(I). 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 development in the immediate
vicinity of the subject property and with the physical characteristics of the subject property;
In February 1998, a site plan review application was submitted for the subject property.
Along with that application, a related Conditional Use Permit application requested that the
project be allowed to develop approximately 7,360 square feet of General Retail space. The
original Conditional Use Permit application for General Retail was amended. DPCD has now
processed the revised application as a modified application and not a new application~ The City
Attorney determined that this modified application is to be processed under provisions of the
zoning code in effect at the time of the original application. A Conditional Use Permit to allow
General Retail was allowed in the Ferry Terminal Overlay District when the original
Conditional Use Permit application was complete.
The Planning staffhas determined that allowing a limited number of shops, coffee houses
and restaurants in this mixed use project can help create a viable commercial center for the
development. This project will have 180 multifamily residential units and 22,150 square feet of
commercial space. One-third (7,360 square feet) of the commercial space will be developed as
General Retail. The proximity of these businesses to a high-density residential development and
the community open space should create a neighborhood synergy which supports a viable
business center. The design guidelines for the Ferry Terminal Overlay District recommend that
projects in this area have an active, varied and interesting street environment. Small restaurant
and service uses on the ground floor of buildings are encouraged. (Guideline 4.) This mixed use
project will promote a work/live environment which will help support small retail businesses on
the site. The development of General Retail along with commuter-oriented retail will be
appropriate for a mixed use development located close to the ferry terminal. The retail space
will be limited to the ground floor of buildings fi'onting on Winslow Way E. The businesses will
be accessible not only to the project residents, but also to potential customers on neighboring
properties and commuters using the ferry terminal. Having limited General Retail services
available on site will encourage residents who live in the area to access needed services by foot
rather than driving off site.
Businesses planned on this site will focus on services needed by residents and ferry
commuters, such as bookstores, bicycle shops, small cafes. These retail spaces are small and are
not intended to be destination commemial establishments. The development of a portion of the
commercial space for General Retail use is harmonious with the residential and commuter
Findings of Fact, Conclusions of Law and Decision - 10
Harbor Square CUP11277
tmnspo~tatio: ~ uses made of surrounding properties. The design, character and appearance of the
retail stores 1 ~cated on the ground floor of buildings facing Winslow Way will be appropriate in
design, chal~ eter and appearance with the quality of development elsewhere on the property and
in the neighl~ >rhood.
The ~ite terrain is appropriate for urban development and can support the mixed use
project pmlx sed for the site.
11. BIMC 18.108.040(A)(2). A conditional use may be approved or approved with
modification, ~ if: (2) the conditional use will be served by adequate public facilities, including
roads, water, fire protection, sewage disposal facilities and storm water drainage facilities;
The existing inl~astructure at this location is adequate to serve this mixed use project.
Water and se ~ver services will be provided by the City of Bainbridge I~land. Fire protection will
be provided l~y the Bainbridge Island Fire Department. An engineered storm water drainage plan
has been req aired of the Applicant and storm water control systems established on the site will
meet City ot Bainbridge Island code requirements. Numerous conditions have been attached to
the SEPA a~ ~1 site plan review approvals to require specific modifications or connections to
existing pub] ic facility systems as required. (Conditions 20 through 28.) The development of a
portion of tl .e commercial space on this project for General Retail as opposed to commuter
related retail will not significantly change the requirements for public facility support for the
project.
12. BIMC 18.108.040(A)(3)..4 conditional use may be approved or approved with
modification if.. (3) the conditional use will not be materially detrimental to uses or property in
the immediai ~ vicinity of the subject property;
To e~ ~ure compatibility between residential and commercial uses on this project site, the
staff has rec ~mmended certain limitations on the hours of operation and the types of business
allowed for ~ ½eneral Retail. All businesses operating as General Retail commercial uses will have
limited hour:, of operation to minimize impacts on surrounding residential property owners. The
staffhas rec~ ~mmended limiting operating hours to 6 a.m. to 10 p.m. daily. In addition, the staff
has recomm~ ~nded that the Conditional Use Permit for General Retail prohibit the establishment
of any busi ~ess whose primary purpose is the selling of alcoholic beverages for on site
consumption, such as a bar or tavern. Restaurants, bistros or cafes which serve alcoholic
beverages with meals are not intended to be prohibited by this restriction. Other commercial
uses on this ] ~roject site will be developed with commuter related retail and office uses. Limiting
the hours of )peration of General Retail to more closely conform to the expected operating hours
of commute~ related retail will help minimize any adverse impacts that might be expected from
the more exI ~anded General Retail use. Developers for this project indicated at the hearing that
their target tmants for General Retail would focus on services to support pedestrian traffic from
the developr rent and from the commuter traffic rather than establishing destination commercial
uses on the ;itc. These businesses, with their limited operating hours, will be compatible with
the predond tantly residential development of the site. Small retail businesses along Winslow
Way E. wo fid provide services and goods for the convenience of local residents and ferry
Findings of] :act, Conclusions of Law and Decision - 11
Harbor Sqm re CUP11277
commuters. The use of a portion of this property for a General Retail use would not be
materially detrimental to the uses of property in the immediate vicinity of this site.
13. BIMC 18.108.040(A)(4). A conditional use may be approved or approved with
modification if: (4) the conditional use is in accordance with the Comprehensive Plan;
After this application for a CUP was complete, the Bainbridge Island City Council
amended the Bainbridge Island Comprehensive Plan by the adoption of the Winslow Master
Plan. Under the Winslow Master Plan, General Retail is not allowed in the Ferry Terminal
Overlay District. This application, however, was vested prior to the adoption of the Winslow
Master Plan. The prior zoning code did allow General Retail in the Ferry Terminal Overlay
District if approved under the Conditional Use Permit process. This proposal for a limited
development of General Retail in the Harbor Square project is in conformance with the prior
provisions of the Comprehensive Plan.
14. BIMC 18.108.040(A)(5). A conditional use may be approved or approved with
modification if.. (5) the conditional use complies with aH other provisions of this Code;
This project is subject to the land use and development standards set forth in
BIMC 18.40, the parking and access requirements set forth in BIMC 18.81, the landscape
requirements set forth in BIMC 18.85, and the site plan and design review requirements set forth
in BIMC 18.105. A SEPA MDNS was issued on November 10, 1999 and an addendum to that
MDNS was issued by the Director on August 13, 2002. The SEPA determination was not
appealed.
If developed in accordance with the Site Plan Review approval and the SEPA MDNS,
then the use of this property, in part, for General Retail use would comply with all provisions of
the Bainbridge Island Municipal Code.
15. BIMC 18.108.040(A)(6). A conditional use may be approved or approved with
modification if: (6) the conditional use will not adversely affect the area or alter the area's
predominately residential nature;
This General Retail space will be located in a development that has been primarily built
for residential use. It is a mixed use development of 180 residential units with only 22,150
square feet of commercial space. Of that 22,150 square feet, just 7,360 square feet will be set
aside for General Retail development. Restricting hours of operation for those General Retail
uses will also help ensure compatibility between the commercial and residential uses on the site.
This project has been designed with the businesses located on the ground floor of buildings
fronting Winslow Way E. These businesses will be located on a portion of the property away
from the residential buildings, which should help mitigate traffic and noise impacts from the
commercial uses. These retail spaces will front on Winslow Way E. and access the community
open space that will be developed in the center of the property. This community open space will
segregate business and residential uses on the site and help minimize negative impacts on
residential uses. Driveways will access the site off Winslow Way E. Limiting the driveways to
Winslow Way E. will help minimize traffic impacts on Cave and Ferncliff Avenues further
Findings of Fact, Conclusions of Law and Decision - 12
Harbor Square CUP11277
protecting ti e residential character of those neighborhoods. The commercial uses will be
established a long a busy commuter corridor which accesses the ferry terminal. The businesses
will be targ¢ ting commuter business, especially pedestrian traffic from the ferry terminal and
from residen :es located on site and on surrounding properties. No destination retail is planned
for the site. The development of this mixed use project will not alter the area's predominantly
residential et aracter.
16. BIMC 18.108.040(A)(7). ,4 conditional use may be approved or approved with
modification if: (7) all necessary measures have been taken to eliminate the
impacts that the proposed use may have on the surrounding area.
This project h. as been designed to address the design guidelines adopted for the Ferry Terminal
Overlay Disl rict. Retail uses have been limited to the ground floor of buildings fronting on
Winslow WE y E. The buildings have been designed with awnings and ten foot wide sidewalks
to benefit p~:destrian traffic. Adequate parking has been provided on site to support retail
business traf 5c. Limited hours of operation will help reduce impacts on neighboring residential
uses. On reet parking will be provided along Winslow Way E. with time limitations to
encourage tort visits. Sidewalks will be constructed along both Femcliff Avenue NE and
Winslow ~ y E. to accommodate an increase in pedestrian traffic resulting from this project.
Buildings de dgned on the site for commercial uses are small in scale and tenant spaces will be
limited in sq rare footage. If the project is developed in conformance with the proposed design
and in accot lance with conditions attached to the MDNS and Site Plan Review approvals, all
anticipated i~ apacts that the proposed use of a portion of this property for General Retail use may
have on the urrounding area will be eliminated.
A Conditio al Use Permit Is Requested To Allow A Landmark Tower Structure To Be
Constructed Near the Southeast Comer Of the Site That Exceeds the Thirty-Five Foot Height
Limit Allow~ ~d In the Zona
17. BIMC 18.108.040(A)(1) `4 conditional use may be approved or approved with
modification 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 cinity of the subject property and with the physical characteristics of the subject
property;
The lesign guidelines adopted for the Ferry Terminal Overlay District (BMIC 18.40)
encourage tl~ e construction of a landmark structure near the intersection of Winslow Way E. and
Femcliff Av roue NE. Ferry Terminal District Guideline 6 states The intersection of Winslow
Way E. and~ eerncliff is appropriate for visually prominent architecture that incorporate features
such as disti ,ctive roof forms, cupolas and landscaped roof decks. In response to that guideline,
the Applicar t has proposed a landmark tower on the southeast comer of the site. The tower
exceeds the maximum building height allowed for a structure in the Ferry Terminal Overlay
District. B! ~IC 18.40.035 allows taller structures in this zone if approved under the conditional
use process, provided view opportunities are not substantially reduced and each yard requirement
is increased, me-half foot for every foot above the maximum structure height. Limitations on the
height, widtl [ and depth of the tower structure will roinimize impacts to views from surrounding
Findings ofl ~act, Conclusions of Law and Decision - 13
Harbor Squa re CUP11277
properties. Yard setback requirements will be reviewed for compliance at the time of building
permit issuance. This landmark structure is designed for the southeastern comer of the site. The
remainder of the site will be developed with eight separate buildings. The maximum allowed
building height along the Winslow Way E. frontage is thirty-five feet above average grade.
Buildings as tall as forty-five feet have been proposed along the north property line where
underground parking will be provided. This site design complies with zoning requirements in
the Ferry Terminal Overlay District. This project is a mixed use project as is recommended by
the zoning code. Property immediately to the north is presently undeveloped. Southerly views
from that property will be impacted by the build out of this project. Elevations on this site and
on the adjoining property to the north rise from south to north so that the elevation of the
proposed tower location is approximately 15-20 feet lower than the adjoining property to the
north. The height of the tower will be limited to fi~y-five feet to minimize view impacts on the
property to the north. The tower will not ap'pear taller than the forty-five foot high buildings
proposed along the north property line. The tower will also be limited in its depth and width to
maintain appropriate scale with development in the neighborhood. If constructed as designed
within the limitations imposed by the recommended conditions, this landmark tower will be
harmonious and appropriate in design, character and appearance with the existing or intended
character and quality of development in the immediate vicinity of the subject property and with
the physical characteristics of the subject property.
During Planning Commission review and at the time of the public hearing, the tower
structure design had not been finalized. The Planning Commission recommended that the
Applicant work with the Bainbridge Island Arts Commission to obtain additional local input on
the design of the tower. The Applicant has agreed to do this. The final tower design within the
size and height restrictions recommended by the staff should ensure a design that is appropriate
in size and appearance with the existing development in the vicinity.
18. BIMC 18.108.040(A)(2). A conditional use may be approved or approved with
modification 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;
This landmark structure has been designed as a part of other on site buildings. The
project will be served by adequate public facilities including water and sewer service provided
by the City of Bainbridge Island and fire protection provided by the Bainbridge Island Fire
Department. The project developer will submit an engineered storm drainage plan for a storm
water control and treatment system, which meets the requirements for the Bainbridge Island
Municipal Code. A traffic analysis has been submitted by the Applicant which concludes that
the project will be serviced by adequate roadways and will not generate traffic in sufficient
volume to lower the LOS presently available on roads adjoining the site.
19. BIMC 18.108.040(A)(3). A conditional use may be approved or approved with
modification if: (3) the conditional use will not be materially detrimental to uses or property in
the immediate vicinity of the subject property,.
This project has been extensively reviewed by the DPCD and the Bainbridge Island
Planning Commission. Numerous conditions have been attached to the SEPA approval and the
Findings of Fact, Conclusions of Law and Decision - 14
Harbor Square CUP11277
Site Plan Re view approval, which help ensure that the additional twenty feet of height allowed
for this land a~ark tower will not affect views from adjoining properties. A condition has been
recommend¢d which prohibits the use of devices or materials that would generate significant
noise or lig it impacts to nearby residences. Consultation with the Bainbridge Island Arts
Commission to enhance the aesthetic compatibility with surrounding buildings has also been
recommende cl. As conditioned, the allowance of an additional twenty feet of height for a 12x12
tower near tle comer of FemcliffAvenue NE and Winslow Way E., will not have any materially
detrimental i apacts to uses or property in the immediate vicinity of the site.
20. BIMC 18.108.040(A)(4) ,4 conditional use may be approved or approved with
modification if: (4) the conditional use is in accordance with the Comprehensive Plan;
The Bainbridge Island Comprehensive Plan does not have any specific policies or
provisions v 'hich describe landmark structures. The design guidelines written for the Ferry
Terminal O' ,erlay District describe the guidelines' intent to establish a major location of
orientation a s seen from a number of directions. The guidelines encourage the construction of
visually pro~ finent architecture at the intersection of Winslow Way E. and Femcliff Avenue NE
which incorI orates features such as distinctive roof forms, cupolas and landscaped roof decks.
This landrn~ k tower meets the intent of those guidelines in providing an architectural focal point
for the distn :t.
21. BIMC 18.108.040(A'}(5). ~t conditional use may be approved or approved with
modificatiot if: (5) the conditional use complies with all other provisions of this Code;
The ]equested increase for structure height at the comer of Femcliff Avenue NE and
Winslow W~.y E. complies with the criteria set forth in BMIC 18.40.035. This code section
allows struc! ares of greater than thirty-five feet in height in the Ferry Terminal Overlay District
if it can be shown that view opportunities are not substantially reduced and if each yard
requirement is increased one-half foot for every foot above the maximum structure height. This
tower will m;t substantially reduce view opportunities from adjoining properties and the tower is
set back mo] e than fifteen feet from the property line. This tower will be built as a part of a
project whiclt has been reviewed for compliance with BMIC 18.40, BMIC 18.81, BMIC 18.85,
and BMIC 1 ~.105. The project has been conditioned to conform with BMIC 15.20 and 15.21.
The Fire De ~artment has reviewed the proposed design and has made recommendations for
approval wit certain conditions. Those conditions were incorporated as conditions to the Site
Plan Review approval. The development of this portion of the site with a landmark tower up to
f'ffiy-five fee in height would comply with all provisions of the Bainbridge Island Municipal
Code if cons acted as conditioned.
22. BIMC 18.108.040(A)(6}. A conditional use may be approved or approved with
modification if: (6) the conditional use will not adversely affect the area or alter the area's
predominant ~ residential nature;
This andmark structure is built as a part of a mixed use building developed for
residential a~ td commercial use on the property. This site is surrounded by properties that have
also been included in the Mixed Use Town Center zone and the Ferry Terminal Overlay District.
Findings oft act, Conclusions of Law and Decision - 15
Harbor Squa 'e CUP11277
There are some Urban Residential zones near the site. The construction of a landmark structure
at the comer of Ferncliff Avenue NE and Winslow Way E. is called out in the design guidelines
for the district. The development of this mixed use project with a visually prominent
architectural feature on its southeast comer will not adversely affect this zoning district. The
development of this site for a mixed use project of residential and commercial use which
incorporates 180 multi-family residential units and 22,150 square feet of commercial space is
consistent with the development in the Ferry Terminal Overlay District and will not alter the
area's present character. The project has been designed to focus the commemial aspects of the
project along Winslow Way E. and away fi.om the residential development on Cave Avenue NE
and Ferncliff Avenue NE so that the area's residential character will not he significantly altered
by the approval of the project.
23. BIMC 18.108.040(A)(7). ~/conditional use may be approved or approved with
modification if: (7) all necessary measures have been taken to eliminate the impacts that the
proposed use may have on the surrounding area.
Recommended conditions will restrict the height, width and depth of the tower and locate
the tower in an area surrounded by thirty-five and forty-five foot tall buildings. These
restrictions will mitigate the impacts of the above-height tower on the surrounding area. Site
elevations and the site plan which locates taller buildings on the north portion of the site will
mitigate views of this tower fi.om properties to the north. The tower will not substantially reduce
view opportunities on surrounding properties.
24. This tower structure design must also comply with the requirements of BMIC
18.40.035. A review of the site plan and the recommended conditions for this project
demonstrates that view opportunities fi.om adjoining properties will not be substantially reduced
if this landmark structure is allowed to exceed thirty-five feet in height. The tower height has
been limited to fifty-five feet to minimize view blockage for properties to the north. In order to
comply with BMIC 18.40.035, the yard requirements of this structure must be increased one-half
foot for every feet above the maximum structure height. This tower is being approved for up to
twenty feet above the maximum structure height allowed in the zone. The tower will be an
integral part of Building D on the site plan. There are no yard requirements for Building D.
Submitted elevations on the site plan indicate that the tower will be set hack fi.om the property
line at least 18.5 feet. This set hack complies with the requirements ofBMIC 18.40.035.
25. In order to ensure compliance with the provisions of the Bainbridge Island
Municipal Code and the Bainbridge Island Comprehensive Plan, these three Conditional Use
Permits are subject to the following conditions of approval:
SEPA CONDITIONS
la. Prior to any grading or construction activities, the applicant shall submit a Temporary
Erosion and Sedimentation Control Plan to the City Engineer for review and approval.
Findings of Fact, Conclusions of Law and Decision - 16
Harbor Square CUP11277
lb. To mttigate air quality impacts during grading, contractors shall conform to Puget Sound
Cleat Air Agency Regulations which insure that reasonable precautions are taken to
avoid dust emissions.
1 c. The ~ pplicant shall submit a geotechnical report prior to any clearing or grading for the
proje,:t. The report shall contain, among discussion of the standard issues,
recon tmendations for safely excavating the underground parking areas. The report shall
be re ~iewed and approved by the Public Works Department prior to building permit
issua~ tce.
ld. Any ~ aaterial stockpiled on the site shall be covered to the satisfaction of the Public Works
Dep~ tment.
lc. Clear :d vegetation must be removed fi.om the site and/or processed by chipper or some
other method of disposal that does not require burning.
I f. Coml .lete storm water drainage plans designed in accordance with the Washington State
Depa tment of Ecology Technical Manual shall be submitted with the building permit
appli; ation. The plans shall include city-approved stormwater quality devices and/or
facili~ ies.
lg. Signi:icant trees that are being retained and are within 25 feet of excavation shall be
prot~ ted be construction fencing installed around the trees' drip line.
Ih. To r~itigate potential noise generation and to increase visual compatibility, all rooftop
mech mical equipment shall be concealed by and integrated within the roof form of the
buildi ag.
1 i. To m tigate noise impacts to residences in the project vicinity and to reduce conflicts with
peak ferry traffic, grading (including excavation and filling) and outdoor construction
activi :ies shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday, 9:00 a.m. to
5:00 ~.m. on Saturday, and no work on Sunday. Use of properly sized and maintained
mufti :rs on construction equipment shall be required at all times.
lj. The .,gale of the buildings shall be designed to reduce the aesthetic impacts, to create
view :orddors, and to increase compatibility with nearby residential development. At a
minir mm, the development shall incorporate "major breaks" into the building forms and
facad .'s to reduce visual impacts. Options that can be utilized to further reduce the visual
impa~ ts include segmenting the buildings, developing smaller buildings, creating visual
links to the central open space, and designing building facade modulations such as
char~, es in roof planes, staggering of building fi.ontages, setbacks for upper stories,
inem ~oration of decks and balconies, differentiating exterior materials, awnings and
othe~ sidewalk coverings, alcoves and other accents for building entrances, creation of
plaza..: and other public open spaces. Ideally, modulations in building facades should
occur at least every 25 feet.
Findings of[ act, Conclusions of Law and Decision - 17
Harbor Squa~ e CUP11277
lk. For aesthetic compatibility and to reduce impacts to views, the maximum height of
structures fionting on Winslow Way shall be limited to 35 feet in height as measured in
BIMC. Maximum building positions and heights along Femcliff Avenue NE and Cave
Avenue NE shall meet the city's proposed transition standards as recommended by the
Planning Commission at its November 4, 1999 meeting or as subsequently approved by the
City Council.
11. All on-site utilities shall be underground.
lin. To mitigate potential off-site glare, any outdoor lighting shall be hooded and shielded to
prevent lighting spillover beyond the property line. Freestanding lighting shall have a
maximum height of 14 feet high, including the base and casing.
Ir[ To mitigate potential off-site glare, mirrored or highly reflective glass shall not be
utilized on the building's exteriors.
lo. The central open space shall be developed with clusters of seating areas and a playground.
The community open space shall, at a minimum, be accessible to the public between dawn
and dusk.
lp. Should the Cave House need to be removed, the applicant sb. all offer the structure for sale
for relocation. To satis~ this condition, the applicant must submit a copy oftbe newspaper
ad with proof that it mn for at least two consecutive weeks in a local newspaper.
lq. To accommodate truck traffic generated by the earth removal activities, the grading
permit shah include a temporary traffic control plan reviewed by the city's Public Works
Department and Police Department. The plan shall also be reviewed by the Bainbridge
Island Fire Department. The applicant shall submit written confirmation that the three
entities have reviewed said plan.
lr. Except for work along Winslow Way or Cave Avenue NE, all equipment and supply
unloading and all excavation and concrete pours shall be accomplished on-site. In those
instances that a portion of a public right-of-way must be utilized for construction purposes,
the applicant shall obtain the necessary approvals fi'om the Public Works Department and
shall provide the Police Department, Fire Department, School District, and nearby residents
and businesses with 24-hour notice. With each construction permit application, the
applicant shall submit a traffic control plan that provides for continuous use of Winslow
Way by vehicular and pedestrian traffic.
ls. To provide separation between the sidewalk and moving traffic and to serve as a traffic
calming facet, the applicant shall dedicate an additional eight feet along Winslow Way to
widen the right-of-way to accommodate a mw of on-street parking.
lt. The site's proximity to the ferry terminal and downtown Winslow provides an
opportunity to reduce automobile traffic impacts by facilitating pedestrian movement. To
Findings of Fact, Conclusions of Law and Decision - 18
Harbor Square CUP11277
this ¢ ad, the applicant shall construct the following prior to issuance oftbe Certificate of
Occu ~ancy:
i. Ten-foot wide sidewalks along the site's Winslow Way frontage. Any utility
pedestals within the sidewalk area shall be relocated or undergrounded prior to
sidewalk construction.
ii. Seven-foot wide sidewalks along the site's Femcliff Avenue NE frontage. Any
utility pedestals within the sidewalk area shall be relocated or undergrounded
prior to sidewalk construction.
iii. A minimum of two pedestrian crosswalks, composed of differentiating paving
material, traversing Winslow Way. The locations, paving materials, and signage
of the crosswalks shall be approved by the Public Works Department. In
addition, if pedestrian facilities such as mid-street safety islands are possible, they
shall be installed as necessary.
iv. The curb ramps on comer intersections which align with crosswalks.
v. All major pedestrian pathways (the main diagonal walkway and walkways
connecting the diagonal to perimeter sidewalks) shall be hard-surfaced.
lu. Prior Io beginning any combustible construction, all access roads and water lines with fire
hydra ats must be installed and operating.
lv. Prior o building pea'mit issuance, the applicant shall submit a hydraulic analysis affixed with
an en [neer's stamp, indicating that the minimum required fire flows can be achieved.
NON-SEP.4 2ONDITIONS
General
2. The ,:onstruction drawings submitted for the project's building permits shall be in
subst~ x~tial conformance with the plans date-stamped April 9, 2002, with exceptions for
any r todifications reflecting compliance with the conditions of approval. The project
shall :ontain no more than 180 residential units, 22,150 square feet of commercial uses
(ofw rich up to 7,360 square feet may be occupied by General Retail), and 475 parking
space ;.
3. The I ~epartment of Planning and Community Development shall not accept any building
perrmt applications, including clearing and grading, until all appropriate planning
approvals have been secured.
4. Giver the complexity of this proposal, prior to submittal of any building permit
applkations, the applicant shall contact planning staff to schedule a pre-submittal
meeti ~g to review the necessary components for a complete building permit application.
In ad, lition, with the building permit application submittal, the applicant shall attach a
Findings off act, Conclusions of Law and Decision - 19
Harbor Squa~ e CUP11277
narrative detailing how each condition of approval was addressed by the construction
drawings.
5. A detailed phasing plan shall be submitted as part of the first building permit application.
The plan shall be utilized to implement conditions and subsequent permit reviews
including verification of FAR fees, phased construction of parking, placement of
temporary drainage facilities, creation of temporary fire access, and timing of open space
improvements.
6. Calculations regarding FAR will be finalized at building permit submittal. If the existing
74 ferry commuter parking spaces are not relocated into an under-building garage, the
overall FAR cannot exceed 1.3, the residential component FAR cannot exceed I.I, and
the commercial component FAR cannot exceed 0.2. If any FAR bonus fees are due, they
shall be prorated per phase and shall be paid prior to building permit issuance.
7. General Retail and commuter-oriented retail shall be permitted only on the ground floors
of the buildings fi.onting on Winslow Way or the central open space. Office uses may be
permitted on any floor where allowed by BIMC Chapter 18.40.
8. The General Retail uses shall not open prior to 6:00 a.m. and must close prior to 10:00
p.m. Businesses, whose primary emphasis is service of alcoholic beverages for on-site
consumption, such as bars, nightclubs, and pubs, are prohibited. Businesses serving
alcoholic beverages with meals, such as bistros, caf6s, and restaurants, are permitted.
9. On the construction drawings, the applicant must demonstrate that the height of each
building, measured from existing averaged grade to the mid-point of the highest gable, does
not exceed the 25, 35, and 45 feet height requirements affecting various portions of the
property. The 35 feet height limit imposed by Condition lk shall apply to the fi.oat (south)
20 feet oftbe Winslow Way fi'ontage. The landmark tower shall not exceed a height of 55
feet above existing averaged grade and shall have an average width and depth not exceeding
12 feet. The applicant shall demonstrate that input from the Bainbridge Island Arts
Commission was obtained regarding the design of the tower prior to submittal of
construction drawings. To the satisfaction of the Planning and Community Development
Director, the tower shall not contain devices or materials that create obtrusive noise or light
impacts to surrounding residences.
10. Along Winslow Way, upper story building facades shall be stepped back a total of I 0 feet
fi.om the first story faqade. This step-back can be accomplished incrementally (where
both the second story and third stories are stepped hack for a total of 10 feet fi.om the first
story fagade) or singly (where the second or third story are stepped back 10 feet from the
faqade of the story below).
11. The city approves multiple access points for the development. Two unrestricted accesses
are permitted along Winsiow Way. For the alley that parallels the north property line,
one access fi.om Cave Avenue NE and one access fi.om Ferncliff Avenue NE is
permitted. The alley can be utilized for emergency and service vehicle access and for
Findings of Fact, Conclusions of Law and Decision - 20
Harbor Square CUP11277
resid, mtial loading and unloading access. However, this alley shall not accommodate
throe gh-traffic. Devises such as bo[lards, approved by the City Engineer and the Fire
Dep~ mnent, shall be placed in the alley to prevent its use as a through street.
12. All internal waikways shall provide a minimum of five feet of unobstructed width and
shall be surfaced with nonskid hard surfaces to the satisfaction of the Planning and
Corn~nunity Development Department. Where walkways cross the internal driveways,
the v~alkways shall be constructed of contrasting materials.
13. The ~ pplicant shah maintain at least one acre as community open space for FAR credit as
perm ttted under BIMC Section 18.40.060(D). The applicant shall submit an agreement
guar~ nteeing public access to the open space. Upon review and approval of the
agree ment by the city attorney, the applicant shall execute and record said agreement.
This agreement shall be recorded prior to the issuance of a building permit for Phase I.
At le tst 50 percent of the open space shall be improved prior to the issuance of half of the
Certi ~cates of Occupancy related to Phase 1. The remainder of the open space shall be
impn ~ved prior to the issuance of half of the Certificates of Occupancy related to Phase 2.
The ,,pen space shall contain a mix of plazas, walkways, park-like landscaping, areas of
nativ .' vegetation, and a children's play area. However, facilities designed primarily for
the n ,sidents of the development such as community gardens, cannot count towards FAR
credi
14. The ~ pplicant shall provide a solid waste management plan as part of the building permit
app~ :ation. The construction drawings shall include details of the trash enclosures. The
draw ngs shall show that trash enclosures located within surface parking lots will be
surro mding by solid walls and gates. The trash enclosures shall be constructed prior to
issua ice of the Certificates of Occupancy for the residences and businesses that they were
desi aed to serve.
15. Aw ngs shall not be internally illuminated.
16. As I irt of the building permit application, the applicant shall submit a sign program
estal [ishing the parameters for on-site signs, including location, size, materials, motif,
and lighting. The parameters must comply with the city's Sign Ordinance,
BIM 2 Chapter 15.08 and applicable design guidelines, BIMC Chapter 18.41. In
addit .on, backlit plastic panel signs shall be prohibited.
17. Upet issuance of building permits, a school impact fee shall be paid for each of the
multi .family units. The fee shall be assessed in accordance with the school impact fee
ordir ance in effect at the time of building permit issuance. The applicant may request
exert ption fi.om payment of the school impact fee for any of the qualifying affordable
hous: ng units.
18. Prior to building permit issuance, the applicant shall execute with the city the appropriate
affor [able housing agreemems (for purchase or remal), reserving units for income-
Findings of] :act, Conclusions of Law and Decision - 21
Harbor Squ, re CUP11277
qualified households in accordance with BIMCI8.40. The square footage of affordable
housing sball represent 10 percent of the project's residential base FAR. In addition, the
affordable units shall reflect the income-limit proportions stipulated in BIMC Section
18.40.040(B). The documents shall be approved by the Department of Planning and
Community Developmem and signed by the Director.
Infrastructure
19. The development shall be served by city water and sewer systems. Service availability
letters shall be submitted prior to building permit issuance.
20. As part of the building permit application, the c0nstmction drawings shall depict details
and placement of the developmem's cross-connention control devices pursuant to WAC
246-290-490 and to the satisfaction of the city's Cros§-Connection Control Specialist.
21. Prior to proceeding to the final design of the meter bank, the applicam shall supply the
Public Works Department with additional information and details regarding the proposed
number and probable size of meters and locations of all meter banks.
22. To the satisfaction of the Public Works Department, the applicant shall submit a
maintenance plan for the stormwater facilities and record a Declaration of Covenant to
meet the requirements of BIMC 15.21.
23. The applicant shall grant a repair, maintenance, and replacement easemem over the
waterline proposed along the north portion of the property. Minimum width for this
easement shall be 20 feet (10 feet on each side). The easement shall be granted to the
satisfaction of the Public Works Department prior to issuance of the first Certificate of
Occupancy.
24. To the satisfaction of the Public Works Department, all construction shall conform to the
city's Design and Construction Standards and Specifications, including utility separation
requirements. All approach profiles and details, sidewalks, and utility details shall be
shown on the construction drawings submitted as part of the building permit application.
25. To the satisfaction of the Public Works Department, construction drawings submitted as
part of the building permit application shall depict access points having a minimum of 25
feet radii.
26. To the satisfaction of the Public Works Department, the waterline extension on Cave
Avenue NE shall tie back in the existing four-inch waterline. The construction drawings
submitted as part of the building permit application shall depict this requirement.
27. To the satisfaction of the Public Works Department, all hydrants shall be located to allow
the following: a) three feet of clearance on all sides (no structures, trees or shrubs) to
facilitate operation of the hydrant; b) 7.5 feet of clearance on aH sides (no structures or
trees) to facilitate maintenance and repair; and c) 15 feet of clearance on all port sides to
Findings of Fact, Conclusions of Law and Decision - 22
Harbor Square CUP11277
facili ate fu-e hose operation. Grade-level walkways and grass is permitted in these
clean a~ce areas. The construction drawings submitted as part of the building permit
appli, :ation shall depict this requirement.
28. The, :onstruction drawings shall indicate the locations of the taps for sprinklers. The
wate~ sources and locations shall be reviewed and approved by the Public Works
Depa nm_em as part of the building permit application review.
29. To tt e satisfaction of the Public Works Department, the applicant shall install a seven-
foot'vide sidewalk and a five-foot wide planting strip along Cave Avenue NE prior to
issua Ice of any Certificates of Occupancy for the building in the eastern third of the site
(Bull lings A and H). Any utility pedestals within the sidewalk area shall be relocated or
unde~ rounded prior to sidewalk construction.
Landscapinl
30. The ~ ~licant shall submit detailed landscape plans complying with BIMC Section 18.85
with the building plan application. The plans shall reflect the alley and parking lot
treatr lents depicted on the landscape plans date-stamped August 8, 2002. In addition, the
lands :ape plans shall delineate the street trees and retained significant trees. The plans
shall also demonstrate compliance with the parking lot landscaping requirements of
BIMC Section 18.85.070(E)(2).
/
31. To ~e satisfaction of the Department of Planning and Community Development, the
following significant trees shall be retained: the two English oaks (36 and 48-inch
diameter) in the northeast portion of the site, the horse chestnut cluster growing between
the t, vo oaks, and the horse chestnut tree (30-inch diameter) growing along Femcliff
Aven ae NE, approximately 80 south of the north property line. Prior to and throughout
eonst 'uction, construction fencing shall be placed at the trees' drip line to protect the
roots
32. In ac. ~ordance with BIMC Section 18.40.031, a 20-foot wide partial landscaping screen
shall be installed along the northern two-thirds of the site's Ferncliff Avenue NE
front,' :e.
33. To tl satisfaction of the Department of Planning and Community Development, the
appli~ nt shall install a sight-obscuring fence or landscaping screen along the northern
prolx rty line unless waived by the adjoining property owner.
34. The c anstruction drawings submitted as part of the building permit application shall show
that .andscaped islands are outlined with raised curbs to the satisfaction of the
Depa ~xnent of Planning and Community Development.
35. To rite satisfaction of the Planning and Community Development Department, any
exter! ar, exposed garage walls over three feet in height above finished grade shall be
Findings of! act, Conclusions of Law and Decision - 23
Harbor Squa CUPl1277
screened by berms and landscaping or shall be covered with art. The landscape plans
submitted as part of the building permit application shall reflect this requirement.
36. Prior to issuance of the first building permit, the applicant shall secure the landscape
performance assurance required by BIMC 18.85.090(C) and the maintenance assurance
required by BIMC 18.85.090(D).
37. To the satisfaction of the Public Works Department, any street trees placed near the
project's access points shall not obscure the viewing of traffic or pedestrians. Trees shall
be tall enough to place the canopy above traffic viewing and planted out of the sight
distance corridor.
Parking/Transit
38. All parking spaces must comply with the minimum dimensions contained in
BIMC 18.81.070. Only 30 percent of the created spaces may be designed for small car
use. The compact car parking spaces must be identified on the construction drawings
submitted as part of the building permit application. Each phase of the development shall
not exceed the 30 percent compact parking space maximum.
39. The development is limited to construction of 74 ferry commuter parking spaces and 74
non-commuter parking spaces. These spaces must be identified on the construction
drawings submitted as part of the building permit application. Along with those
drawings, the applicant must submit a parking management plan regarding control of the
74 non-commuter parking spaces.
40. Subsequent to the issuance of the Certificate of Occupancy, should the applicant wish to
convert excess commercial-related parking into non-commuter ferry parking, the
appropriate information and parking plan would need to be submitted and approved by
the Director of Planning and Community Development.
41. On-street parking created by the project shall be limited to handicap, passenger drop-off,
delivery truck, and short-term (less than two hour) use. The spaces shall be appropriately
signed prior to the issuance of any Certificate of Occupancy.
42. Prior to issuance of any Certificates of Occupancy, the applicants shall install a prorated
share of bike-parking facilities. The entire project shall supply parking for at least 158
bicycles. At least 30 of the bike-parking spaces must be located outside of structures and
available to the public.
43. The bus stop area depicted in the site plan date-stamped April 9, 2002 can be developed
as a passenger drop-offarea. However, upon notice by Kitsap Transit that a bus stop is
necessary, the applicant shall permit conversion of the area to a bus stop. Should the
applicant decide to exercise this option, he/she shall submit, as part of the building permit
application, a notarized letter acknowledging the potential, future conversion of the
passenger drop-off`area into a bus stop.
Findings of Fact, Conclusions of Law and Decision - 24
Harbor Square CUP11277
Fire
44. As sh awn in the site plan, the largest building in this project is Building B at 81,958 square
feet. The minimum required fire flow for a building of this size is 2,625 GPM ~ 20 psi,
ut[lie ag type V-l-hour construction. If type II or III 1-hour conslmction were utilized, the
~ mm fire flow requirement would he 2,000GPM ~ 20 psi. The submitted hydraulic
analy.;is indicates that 2,140 GPM ~ 20 psi is available in this area. Therefore, unless
imprcvements to the water system are made to increase the available fire flow or some other
appro ced method is installed, type II or III 1-hour construction or better must be used for
this p: oject.
45. To th ~ satisfaction of the Bainbridge Island Fire Department, the sprinkler system shall he
desig~ ted and installed in accordance with standard requirements. The sprinkler system shall
be zo aed to initiate a water flow alarm iii each building. (For this purpose, the parking
garag ~s are considered separate buildings.) The system plans, specifications, and hydraulic
calcul ~tions shall he submitted as part of the building permit application for Fire Department
appm ~al.
46. To th,' satisfaction of the Bainbridge Island Fire Departmem, a Class I standpipe system
shall ~e installed throughout the entire complex. The system shall have 2½-inch hose
conne Xions located in the parking garage and on each level of each building. Hose
comte :tions shall he located in ail exit stairways. The location of fire department sprinkler
and st mdpipe connections shall he determined curing the building permit process.
47. The u aderground sprinkler main shall he installed by a state licensed sprinkler contractor or
utilit contractor holding a Level "U" certification issued by the State Fire Marshal's Office.
The ompany actually doing the work shall hold the certification. The plans and
spec: cations shall he submitted to the Planning and Community Development Department
as par of the building permit application for Fire Department approval.
48. The a ~plicant shall install fire hydrants, spaced at intervals of not more than 300 feet,
aromt the entire site. Of these hydrants, at least two shall be located on the north side
and o~ ~ shall be located at the Winslow Way/Cave Avenue NE intersection.
49. An ac dressable type fire alarm system shall he installed for the entire complex with the
capab lity of addressing the actual point of alarm. The location of the annunciator and
graphJ e showing the entire complex shall be determined during the building permit process.
The ldans and specifications shall be submitted to the Planning and Community
Devel >proem Department as part of the building permit application for Fire Department
appro' ,al.
DECISION
1. The application for a Conditional Use Permit allowing the relocation of two
access drive~ ays off Winslow Way E. is approved with conditions.
Findings ofF tct, Conclusions of Law and Decision - 25
Harbor Squat CUP11277
2. The application for Conditional Use Permit to allow establishment of 7,360
square feet of General Retail in the Ferry Terminal Overlay District as a part of the Harbor
Square project is approved with conditions.
3. The application for a Conditional Use Permit to allow a landmark structure at the
comer of Ferncliff Avenue NE NE and Winslow Way E. at a height of fifty-five feet and at a
width and depth of no more than twelve feet is approved with conditions.
3. Each of these Conditional Use Permits are approved subject to the Conditions of Approval
listed in Conclusion of Law No.25 above.
DATED this 24tb day of March, 2003.
ROBIN THOMAS BAKER
Hearing Examiner Pro Tern
APPEAL
This decision is final unless, within twenty-one (21) days, a party of standing appeals the
decision to the City Council in accordance with the procedures set forth in BMIC 2.16.140.
Findings of Fact, Conclusions of Law and Decision - 26
Harbor Square CUP11277