CITY OF B.I. (SSWM FACILITY)
DECISION OF THE BEARING EXAMINER
CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of the
CITY OF BAINBRIDGE ISLAND
Public Works Department
CUP13357
for a Conditional Use Permit
Introduction
The Applicant seeks a Conditional Use Permit to allow construction of a Decant Facility
to process street waste. The Director reviewed the application and has recommended
approval with conditions. The Hearing Examiner held a public hearing on May 26,2005.
Parties represented at the hearing were: the Director, Planning and Community
Development (Department or PCD), by Thomas Honsell, Planner~ and, the City of
Bainbridge Island Public Works Department, by Lorenz Eber.
After due consideration of all the evidence in the record, the following constitutes the
findings, conclusions, and decision of the Hearing Examiner on this application.
Findings
Site and Vicinity
1. The 3-acre site, addressed as 7215 NE Vincent Road, is located on the south side
ofNE Vincent Road, east ofGazzam Lake Park [see Exhibit 11]. Identified as Assessor's
tax parcel number 332502-2-001-2001 (being portions of Section 33, Township 33, 25
North, Range 02 East, W.M.) [Application, Exhibit 13~ Staff Report, page 1, Exhibit 25]
2. The Decant Facility is proposed to be located within a 40-acre City-owned parcel.
A solid waste transfer station and community recycling center currently are located on
this property near the site proposed for the Decant Facility. (These existing operations
would continue at their present location.) The topography of the property is rolling, with
the steepest slope being about 45%; the area proposed for the Decant Facility location has
a maximum slope of approximately 5%. The central portion of the property was
previously used as a municipal landfill and has been reclaimed. [SEP A Checklist,
Exhibit 23~ Staff Report, page 4, Exhibit 25~ Application, Exhibit 13]
CUP 12726
Page 1 ofl 0
3. The zoning of the property to be developed is residential (R-0.4, 1 dwelling unit
per 100,000 sq. ft.) and the Comprehensive Plan designation is OSR-O.4, Open Space
Residential. [Staff Report, page 1, Exhibit 25~ Testimony of Bon sell]
4. Adjacent property is also zoned R-O.4. Uses to the north, east and south are
single-family residential; Gazzam Park is adjacent to the west. [Exhibit 3~ Land Use
Map, Exhibit 11; Application, Exhibit 13; Staff Report, page 4, Exhibit 25]
Proposal
5. The City maintains 280 miles of paved roads, 24 miles of unpaved roads, 380
catch basins, 1000 culverts, and 200 miles of roadside ditches. A major aspect of
maintaining all these is cleaning them out so that they can function as designed. The
solid waste collected during street sweeping and the liquid waste collected during the
maintenance of catch basins and similar facilities are "street waste". Street waste
includes contaminants: primarily hydrocarbons, but also some heavy metals. [Technical
Information Report, pages 2-5, Exhibit 6; Staff Report, page 1, Exhibit 25; Exhibit 26;
Testimony ofEber
6. Currently the City does not have a facility to properly handle street wastes. Both
the Kitsap County Health Department and the State Department of Ecology have advised
that the situation must be improved. The City proposes to construct a Street and
Stormwater Maintenance Materials (SSWMM) Facility (referred to as a "Decant
Facility") to provide an environmentally sound system for managing street wastes.
7. At the Decant Facility solid and liquid wastes would be separated ("decanted").
Dried solids would be sent to an off-island solid waste facility for disposal and the liquid
portion of the decanted wastes would be treated before being reintroduced to the surface
water system on-site. It is estimated that a total of 2,790 cubic yards of solid waste and
108,000 cubic feet of liquid waste would be processed on an annual basis. [Technical
Information Report, pages 2-5, Exhibit 6; Staff Report, page 1, Exhibit 25; Exhibit 26~
Testimony ofEber; Testimony of Bon sell]
8. The facility would consist of a concrete foundation and slab at grade for solids
handling and a below grade settling area (trenches). The proposed building (maximum
30 ft. in height) would be approximately 9,600 sq. ft. (160 ft. X 60 ft.)~ one story with an
open canopy roof. The area around the building would be graded and covered with
gravel to form a pad for vehicle access and material storage. Approximately 7,000 sq. ft.
in front of the building would be paved with asphalt for vehicle access. Total site
construction (impervious surfaces including building, etc.) would be about 3.4% of the
40-acre property. There would be 50-ft. wide, no-build setbacks from all property
boundaries. [Exhibit 5; Technical Information Report, pages 2-5, Exhibit 6; Application,
Exhibit 13~ Exhibit 26~ Testimony ofEber]
CUP 12726
Page 2 ofl 0
9. Other operations could also occur at the proposed facility. Maintenance materials
(e.g., sand, gravel, and rock) would be stored on the outside perimeter and a
"Contaminated Load Box and Tank" may be located the facility and used for storing
contaminated street waste should the need arise. [Technical Information Report, pages 2-
5, Exhibit 6]
10. No staff would be assigned to work fulltime at the Decant Facility and generally
there would be one or two workers coming on-site on a daily basis to attend to various
aspects of the operation (e.g., operating the loader, depositing wastes, removing
processed waste, etc.) Water service would be extended from an existing 4 in. main in
Vincent Road. No sewer connection or septic tank system is proposed~ a portable toilet
would be provided for staff use. [Application, pages 9-13, Exhibit 13~ Testimony of
Eber]
11. Vincent Road crosses the northeast comer of the property and an existing access
road on the property would provide vehicle access from Vincent Road to the proposed
facility. It is anticipated that operation of the Decant Facility would add 6 truck trips per
day (roundtrips: 6 in, 6 out) to the existing traffic volume on Vincent Road. That would
be an increase of approximately 2% and would not decrease the current Level of Service
"A". [Exhibit 3; MONS, Exhibit 23; Exhibit 26
12. The City Council approved this property for the Decant Facility location
following an extensive public review and selection process. [Exhibit 4; Exhibit 5;
Application, Exhibit 13~ Exhibit 21~ Testimony ofEber]
13. Due to the screening provided by the dense stands of trees and the topography of
the intervening area, the proposed facility is not expected to be visible from adjacent
residential properties. To mitigate construction noise impacts, construction would be
limited by the City's Noise Regulations [BIMC 16.16.025.A] and hours are proposed to
be limited to non-holiday weekdays between 7:00 a.m and 5:00 p.m. Vehicles accessing
and operating on-site would be the primarily source of operational noise, including back-
up warning signals, which can be heard at considerable distance. Hours of operation are
proposed to be limited to non-holiday weekdays between 7:30 a.m. and 4:00 p.m.
[Application, Exhibit 13; SEPA Checklist, Section B7, Exhibit 7; Testimony ofEber]
Director's Review and Recommendation
14. This application was submitted on March 11,2005 [Exhibit 13]. The application
was deemed complete on March 22, 2005 [Exhibit 14] and Notice of Application
published on March 26, 2005 [Exhibit 17].
15. During the Director's review of the application, the Public Works Department
provided additional conditions [Exhibit 20] for the proposal. These conditions include
requirements for: appropriate training and operational plans/manuals, testing and
CUP 1 2726
Page 3 of 10
inspection, and meeting all applicable regulations of the Department of Ecology and the
Kitsap County Department of Health.
16. The Director issued a SEP A threshold determination of non-significance (DNS)
on April 26, 2005. The DNS was not appealed. [Exhibit 22; Exhibit 23~ Exhibit 25, page
2].
17. The Staff Report includes an analysis of the proposal's consistency with the Code
requirements for approval of the Conditional Use Permit. That analysis and related
conclusions [Exhibit 25, pages 8 through 10] are hereby adopted by reference into these
Findings.
18. The Director correctly determined that the project is consistent with the
Comprehensive Plan and the applicable sections of the Bainbridge Island Municipal
Code, including the criteria for Conditional Use Permit approval [see Staff Report, pages
8-10, Exhibit 25]. The Director's Conditions [Exhibit 25, pages 2-3] are appropriate and
responsive to applicable Code requirements, public comments and needed environmental
mitigation.
Public Hearing
19. Notice of the public hearing was properly given and complete as of May 7, 2005.
[Exhibit 24] The hearing was held on May 26, 2005.
20. At the hearing the applicant described and explained the proposal and the Director
presented the staff report and Recommended Conditions of approval. [Testimony of
Eber~ Testimony of Bon sell]
21. One member of the public gave comments. This person suggested that the
recycling center be relocated to the north to a site on Day Road. The changed location
was advocated as a way to create recycling efficiency, free up the subject property for
low income housing, and removing recycle and truck traffic from the entrance to Gazzam
Lake Park. [Testimony ofLaBotz~ Exhibit 27~ Testimony ofEber]
Bainbridge Island Municipal Code
22. In the R-O.4 zone "governmentar facilities may be permitted as a conditional use
[BIMC 18.36.030.D]. The development standards for the R-O.4 zone provide that: lot
coverage "not exceed 10 percent" [BIMC 18.36.050]; yards facing streets must be a
minimum of 25 ft. wide, side yards must be not less than 30 ft. in total, rear yards must be
a minimum of 25 ft. wide [BIMC 18.36.060]; building height cannot exceed 30 ft.~ and,
lots have minimum width and depth of 110 ft. Pursuant to BIMC 18.81.030.M, the
Director has determined that four parking spaces would be required.
CUP 12726
Page 4 of 10
23. The conditional use requirements include that a governmental facility be limited
in lot coverage to 50% of the coverage allowed in the zone in which they are located.
The maximum lot coverage for the R-O.4 zoned site is 10%, so here the maximum lot
coverage would be 5%. The proposed facility would be 3.4% of the 40-acre property.
24. The Conditional Use Permit Procedures, at BIMC 18.108.040.A, provides that 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;
2. The conditional use will be served by adequate public facilities
including roads, water, fire protection, sewage disposal facilities and
storm drainage facilities;
3. The conditional use will not be materially detrimental to uses
or property in the immediate vicinity of the subject property;
4. The conditional use is in accord with the comprehensive plan;
5. The conditional use complies with all other provisions of this
code;
6. The conditional use will not adversely affect the area or alter
the area's predominantly residential nature; and
7. All necessary measures have been taken to eliminate the impacts
that the proposed use may have on the surrounding area.
25. The Conditional Use Permit Procedures, at BIMC 18.108.040.B, provides that a
conditional use may be approved with conditions and BIMC 18.108.040.C requires the
following additional criteria be met by "governmental" facilities:
a. ... submit a traffic report, showing the effects on level of service
on affected roads. Proposed mitigations for degradation of the LOS must
be submitted as part of the application.
b. All sites must front on roads classified as residential suburban
or above on the Bainbridge Island Functional Road Classification Map.
c. Noise levels shall be in compliance with BIMC I6.I6.020 and
16. 16. 040.A.
d The appropriate approvals of sewer and water supply must be
submitted at the time of application.
e. A fencing plan or alternative methods to protect the public
health, safety and welfare must be submitted at the time of application.
f The applicant shall provide perimeter buffers of vegetation
either retaining existing or planting a new one in compliance with BIMC
18.85. o 70. DA (this only applies to residential districts outside Winslow).
CUP 1 2726
Page 5 ofl 0
g. These conditional uses are limited in lot coverage to only 50
percent of the allowable lot coverage in the zone in which they are
located
* * *
h. Vehicular, pedestrian, and bicycle access and site circulation
must be submitted at the time of application and approved by the city. The
city engineer may modify the requirements of BIMC 18.81.020.D and
allow alternate driveway and parking area surfaces; provided, that the
allowed surfacers) meets city requirements for handling surface water and
pollutants.
i. The applicant shall submit a site and building design proposal
that meets the design principles and guidelines found in BIMC 18.41.070,
Light manufacturing design guidelines, and incorporates conditions
deemed applicable by the director in accordance with this chapter. Each
proposal will be evaluated for adequate vegetated roadside views,
landscaping buffers for parking and service areas, scale of proposed
constnlction including bulk and height and harmonious architectural
design features compatible with the surrounding neighborhood
26. Vehicular access and site circulation must be approved by the City Engineer and
the requirement ofBIMC 18.81.020.D may be modified in that process. The Department
of Public Works has recommended approval as proposed.
27. BIMC 2.16.025.B.1 assigns decisions on regular Conditional Use Permit
applications to the Hearing Examiner. Following the decision procedures of BIMC
2.16.100.E, the Hearing Examiner holds a public hearing and then makes a decision.
BIMC 2.16.1oo.G provides that the Hearing Examiner may "approve, approve with
modifications, deny or remand an application JJ and in making a decision shall consider
the applicable decision criteria of this code, all applicable law, and any necessary
documents and approvals. JJ
Conclusions
1. The Hearing Examiner has jurisdiction to hear and decide this matter.
2. Appropriate notices of the application and the public hearing were given and the
hearing was properly convened and all comments, testimony, and other evidence
considered.
3. As conditioned the proposal meets the applicable requirements and development
standards of the Land Use Code (yards, height, parking, landscape buffer, etc.).
4. The Conditional Use Permit approval criteria of BIMC 18.108.040.A are met as
follows:
CUP 12726
Page 6 ofl 0
1. Is harmonious and appropriate in design. character and appearance.
The proposed decant facility would be sharing a very large parcel with the
existing transfer station which is a similar facility and the remote location
means that it will not be seen by those residing in or passing through the
area. Maintaining a 50-ft. wide perimeter buffer in its heavily forested
condition should ensure adequate screening.
2. Will be served by adequate public facilities. This facility would
have the level of public services appropriate to it.
3. Will not be materially detrimental. There are no impacts resulting
from the construction and operation of the proposal that are anticipated to
be materially detrimental to uses or property in the immediate vicinity.
The facility will not be seen from off-site and restrictions on dust
emissions and limits on times of construction and operation should ensure
no material detriment to surrounding uses or property.
4. Is in accord with the Comprehensive Plan. The Comprehensive
Plan includes intention to manage stormwater and to limit degradation of
environmental systems. The Decant Facility would be consistent with this
aspect of the Comprehensive Plan by providing a means to deal with
contaminated runoff in an environmentally sound manner.
5. Complies with all other provisions of this Code. The proposal, as
conditioned, complies with all applicable provisions of this Code.
6. Will not adversely affect the area's predominantly residential
nature. Because of its remote location and large parcel size, the facility
should have little perceptible impact on the residential uses in the area.
The residential character of the vicinity would not be adversely affected.
7. All necessary measures have been taken to eliminate impacts. The
Recommended Conditions [see Conditions 1-15 in Appendix A at the end
of this decision] would provide all the necessary measures to avoid and/or
eliminate the impacts on the surrounding area.
5. The additional criteria imposed by BIMC 18.108.040.C for "governmental"
facilities in a residential zone would also be met:
a. Show effects on level of service and mitigation. The additional six
daily trips expected from the operation of the facility would not decrease
the Level of Service (currently LOS "A") and do not warrant mitigation.
b. Must front on road classified as Residential Subwban or above.
The site has frontage on Vincent Road which is classified as a residential
suburban road.
c. Noise levels must comply with BIMC 16.16.020 and 16.16.040A
Limits on the hours of construction would be imposed by Code and by
Condition 12.
CUP12726
Page 7 of 10
d. Appropriate sewer and water service to be provided. The facility
would not be staffed~ sewer service would not be necessary. There is an
existing water line within the Vincent Road right-of-way and the proposal
would be required to provide the appropriate (lateral) connection to it.
e. Provide fencing or alternative for public protection. Fencing
would be provided around the decanting structures.
f Provide perimeter buffers of vegetation. There would be a 50-foot
no-cut buffer around the perimeter of the site [Condition 10].
6. The requested Conditional Use Permit should be approved with Conditions 1
through 15 as recommended by the Director.
Decision
The application of the City of Bainbridge for a Conditional Use Permit to construct the
proposed decant facility at property addressed as7215 NE Vincent Road, is APPROVED
WITH CONDITIONS 1 through 15 in Appendix A that follows on pages 9 and 10.
Entered this 23rd day of June 2005. ~~
Meredith A. Getches
City of Bainbridge Island
Hearing Examiner pro tem
Concerning Further Review
NOTE: It is the responsibility of a person seeking review of a Hearing Examiner
decision to consult applicable Code sections and other appropriate sources, including
State law, to determine hislher rights and responsibilities relative to appeal.
Request for judicial review of this decision by a person with standing can be made by filing a
land use petition in superior court within 21 days in accordance with the Land Use Petition Act,
Revised Code of Washington, Chapter 36.7OC.
CUP 12726
Page 8 of 10
14. On-site mobile fueling from temporary tanks is prohibited unless the applicant
provides and is granted approval for a Permit and Best Management Plan that addresses
proposed location, duration, containment, training, vandalism and cleanup. (Reference 1.
Uniform Fire Code 7904.5.4.2.7 and 2, Department of Ecology, Stormwater Management
Manual, August 2001, see Volume IV "Source Control BMPs for Mobile Fueling of
Vehicles and Heavy Equipment".) (Chapter 173-304 WAC)
15. No fertilizers, pesticides, or herbicides shall be used in the streams and/or their
buffers. The use of these products elsewhere on the site is discouraged, but if necessary
they shall used consistent with Integrated Pest Management (IPM) strategies.
CUP 1 2726
Page 10 ofl 0
CONDnnONSOFAPPROVAL
CUP13357
June 23, 2005
1. The applicant shall obtain an approved building permit from the Department of
Planning and Community Development prior to any construction activities. The building
permit shall be in substantial conformance with the site plans date stamped March 11,
2005.
2. Prior to construction, the applicant is required to delineate four parking spaces on
the site plan submitted with the building permit.
3. Prior to construction, the applicant shall supply a final landscape plan for review.
The landscaping shall be installed prior to final inspection.
4. If construction of the facility involves grading or filling more than 50 cubic or
yards of earth, the applicant shall obtain a grade and fill permit application from the
Building Department.
5. All lighting associated with this project shall comply with the City's Lighting
Ordinance, BIMC Chapter 15.34.
6. All regulatory requirements of the Department of Ecology and the Kitsap County
Health Department shall be adhered to at all times.
7. Silt fences and straw bale dams shall be used during construction to reduce the
risk of sediment entering streams and watersheds.
8. During the dry season, watering of the access drive shall be required to keep dust
levels below the maximum allowed by the Puget Sound Clean Air Agency.
9. Except as shown on the construction plans, no clearing of the site shall be allowed
without approval by the Department of Planning and Community Development.
10. The applicant shall maintain a 50 foot no-cut buffer around the perimeter of the
site except where access is required.
11. Expansion of the facility shall not be permitted without approval from the
Department of Planning and Community Development.
12. Noise associated with construction and with facility operation shall comply with
BIMC Chapter 16.16. Construction activities shall be prohibited: between the hours of
7:00 p.m. and 7:00 a.m. on non-holiday weekdays; before 9:00 a.m. and after 6:00 p.m.
on Saturdays; and, prohibited on Sundays and all legal holidays.
13. All construction activities shall be immediately stopped and notification given to
the State Department of Planning and Community Development and the Washington
State Office of Archaeology and Historic Preservation if any historical or archaeological
artifacts are uncovered during excavation or construction.
CUP 1 2126
Page 9 ofl 0
d. Appropriate sewer and water service to be provided. The facility
would not be staffed; sewer service would not be necessary. There is an
existing water line within the Vincent Road right-of-way and the proposal
would be required to provide the appropriate (lateral) connection to it.
e. Provide fencing or alternative for public protection. Fencing
would be provided around the decanting structures.
f Provide perimeter buffers of vegetation. There would be a 50-foot
no-cut buffer around the perimeter of the site [Condition 10].
6. The requested Conditional Use Permit should be approved with Conditions 1
through 15 as recommended by the Director.
Decision
The application of the City of Bainbridge for a Conditional Use Permit to construct the
proposed decant facility at property addressed as1215 NE Vincent Road, is APPROVED
WITH CONDITIONS 1 through 15 in Appendix A that follows on pages 9 and 10.
Entered this 23rd day oflune 2005. ~4~
City of Bainbridge Island
Hearing Examiner pro tem
Concerning Further Review
NOTE: It is the responsibility of a person seeking review of a Hearing Examiner
decision to consult applicable Code sectioos and other appropriate sources, including
State law, to determine hislher rights and respoosibilities relative to appeal.
Request for judicial review of this decision by a person with standing can be made by filing a
land use petition in superior court within 21 days in accordance with the Land Use Petition Act,
Revised Code of Washington, Chapter 36.7OC.
CUP 12726
Page 8 of to