EXTENDICARE HEALTH SERVICESFILE I
DECISION OF THE HEARING EXAMINER
CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of
EXTENDICARE HEALTH SERVICES, INC.
for a Conditional Use Permit
CUP12726
Introduction
The Applicant seeks a Conditional Use Permit to allow construction of a three-story, 55
unit assisted living facility connected to the existing Island Health and Rehabilitation
Center. The Director, Department of Planning and Community Development, reviewed
the application and has recommended approval with conditions. The Hearing Examiner
held a public hearing on April 14, 2005. Parties represented at the heating were: the
Director, Planning and Community Development (Department or PCD), by Joshua
Machen, Associate Planner; and, the Applicant, Extendicare Health Services, Inc., by Bill
Bryan and Robert Gummer.
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 4.23-acre site, addressed as 835 Madison Avenue North, is located on the
west side of Madison Avenue about midway between Wyatt Street on the south and High
School Road on the north [see Vicinity map in Exhibit 5I]. [Exhibit 42, page 15]
Includes Assessor's tax parcel numbers: 272502-1-057-2004, 272502-1-153-2007,
272502-1-154-2006 and 272502-1-155-2005; see Exhibit 5 for legal description and
survey information. [Exhibit 1; Exhibit 5J; Application, Exhibit 16; Staff Report, Exhibit
42]
2. Existing development consists of the Island Health and Rehabilitation Center, a
skilled nursing facility, that fronts on Madison Avenue and is accessed via a U-shaped
drive. The subject site consists of several lots. The health rehabilitation center is located
on one lot. The proposed facility would be built on several of the currently vacant lots
and would be physically connected to the Island Health and Rehabilitation Center (see
Exhibit 5K for physical relationship to existing facility). The portion of the site proposed
CUP12726
Page 1 of 12
to be developed has considerable vegetative cover, including a number of large trees.
The grade slopes upward to the north with an elevation change of about 20 f~. [Checklist,
Exhibit 39; Staff'Report, Exhibit 42; Application, Exhibit 16]
3. The zoning of the prope~3, to be developed includes residential (R-4.3, 4.3 units
per acre) and Mixed Use Town Center (MUTC) - Madison Avenue Overlay. The
Comprehensive Plan designation is MUTC and Urban Residential (UR). (See "Site
Zoning" insert on Exhibit 5A for parcel-zone-proposal locations.) The MUTC zoning
permits health care facilities, but a Conditional Use Permit (CUP) is required to have
such uses in the R-4.3 zone. [Exhibit 42; Testimony of Machen]
4. Uses in the immediate vicinity are: single-family residences to the north and west,
multi-family residential and dance studio to the east, and a commercial complex and US
West substation to the south. [Exhibit 42, page 5]
Proposal
5. The Applicant, Extendicare Health Services, Inc. (Extendicare) proposes to
construct "an assisted living facility to provide residential, social, health and personal
care services to elderly residents" [Exhibit 39, page 3]. The proposed facility would have
55 "care suites" consisting of 39 one-bedroom and 19 studio units. [Exhibit 35;
Testimony of Gummer; Testimony of Machen]
6. The new 3-story building would be physically connected to the existing skilled
nursing facility and services would be shared. Located "behind" (i.e., west of) the
existing one-story facility, the new building would be approximately 42,045 sq. 1~. and
built "into" the slope so as to present the appearance of a two-story building when viewed
from the closest residential properties to the north and west. [Exhibit 5; Exhibit 35;
Exhibit 39; Exhibit 42; Testimony of Machen; Testimony of Gummer]
7. The applicant proposes to use a variety of typical residential construction
materials (brick, wood siding, etc.) to maintain a residential appearance, and architectural
and design elements (articulation, pitched roof, paneled windows, etc.) to reduce the
building scale. [Exhibit 16; Exhibit 35; Exhibit 42, pages 9-10; Testimony of Gummer;
Testimony of Machen]
8. The proposal includes a full landscaping plan. Many existing trees and plantings
would be retained and new trees and other plantings added. [Testimony of Gummer;
[Exhibit 5, Sheet L-l; Testimony of Gummer; Testimony of Machen]
9. It is anticipated that 13 additional staff would be added (existing staff is 33.
[Testimony of Gummer; Exhibit 39, page 11]
10. Forty-four new parking spaces would be added for a site total of 80 spaces. The
current parking supply (36 spaces) is considered inadequate during shi/t change. With
CUP12726
Page 2 of 12
completion of the assisted living facility, the total demand is projected to be 78 spaces.
[Parking Demand Projection, Exhibit 7] The majority of the new spaces would be in a lot
developed on the northern parcel. This lot, with more than 25 fi. of densely vegetated
area preserved between it and the residences to the west, would have perimeter
landscaping and a stone retaining wall. [Exhibit 5, Sheet C-I; Exhibit 35; Testimony of
Gummer; Testimony of Machen; Testimony of Bryan]
11. Vehicle access would continue to be from Madison Avenue, but the entrance
would be moved to the northern property boundary. Visitor parking would be in the front
and staff parking in the rear. A 20 ft. wide Fire Department access drive would be
developed from/to Wallace Way. This emergency access, with grass pavers, would have
a traffic control gate for emergency use only. [Exhibit 5, Sheet C-l; Testimony of
Gummer; Testimony of Machen; Testimony of Bryan]
12. Pedestrian and bicycle access through the site between Madison Avenue and
Wallace Way is proposed via a combined bicycle and pedestrian path along the northern
edge of the property adjacent to the vehicle access driveway. [Exhibit 5, Sheet C-l;
Exhibit 42, page 5; Testimony of Machen]
Director's Review and Recommendation
13. A CUP and a building permit for a similar proposal was granted to the applicant
in 1997, but it expired before construction was begun. [Exhibit 42, pages 5-6]
14. This application was submitted on December 17, 2004 [Exhibit 16]. The
application was deemed complete on February 1, 2005 [Exhibit 29] and Notice of
Application published on February 9, 2005 [Exhibit 30; Exhibit 31].
15. The Public Works Department reviewed the application and advised the Director
that right-of-way dedication and sidewalk, curb and gutter improvements should be
required along the Madison Avenue frontage. Also, the water main must be upgraded for
adequate service and an additional access, for emergency service, provided. [Exhibit 44]
The Fire Department also had comments noting the requirements for fire flow, automatic
sprinklers, new alarm system and fire extinguishers [Exhibit 20]. The Director
recommends that the Public Works and Fire Department comments be made conditions
of approval [see Condition 15 and 16 respectively].
16. As noted in the Staff Report [Exhibit 42, page 9], this project was reviewed by the
Bainbridge Island Design Review Board. The Board initially asked that the building
have a stronger residential feel and lower profile and suggested that: stronger materials
changes be used to create a sense of base; the upper stories be set back; the roof
incorporate elements such as pitch, cornices, etc.; the entrance be made more prominent;
details be added to create a sense of human scale; use modulation, varied faqade
treatment, and limit blank walls. The Applicant's response notes that the modified design
includes: a variety of building materials, residential scale windows, horizontal trim bands
CUP12726
Page 3 of 12
to distinguish the base of the building, landscaping that softens the building site, entrance
canopy, and small parking clusters. [Exhibit 26; Exhibit 45; Testimony of Machen]
17. During the Department's review of the application one person requested that the
comment period be extended [Exhibit 33], another person submitted a letter, and a third
sent an email [Exhibit 34]. The letter writer urged that the pedestrian and bicycle
easement shown on the plans be retained and that consideration be given to the possibility
that Madison Avenue may need to be widened in future to accommodate increased
bicycle travel [Exhibit 32]. The person who sent the email expressed several concerns
given the proximity of the proposal to his property: the need for and effects of dense
vegetative screening; possible glare from facility lighting; location of waste disposal and
other service activities; possible disruptive parking lot lighting and noise [Exhibit 34].
18. The Staff Report [Exhibit 42, page 6] responses to the public comments include
that: full, vegetative screening would be required adjacent to the residentially zoned
properties (Conditions 4, 5, 8); lighting redesign would be required so that no light
trespass would occur (Conditions 13 and 14); service activities would be located in the
interior of the site, at some distance and at an elevation lower than adjacent residential
properties (Conditions 2, 3); and, parking areas would be screened from view by
landscaping (Condition 9).
19. The Director issued a SEPA threshold determination of non-significance (DNS)
on March 19, 2005. The DNS was not appealed. [Exhibit 42, pages 2 and 6].
20. The Staff Report includes a thorough and accurate analysis of the proposal's
consistency with the Code requirements for approval of the Conditional Use Permit. That
analysis and related conclusions [Exhibit 42, pages 7 through 13], including the
discussion of and references to the Recommended Conditions, are hereby adopted by
reference into these Findings.
21. 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
12-13, Exhibit 42]. The Director's Recommended Conditions [page 2-4] are appropriate
and responsive to concerns raised by the public, applicable Code requirements, and
needed environmental mitigation
Public Hearing
22. Notice of the public hearing was properly given and complete as of March 24,
2005. The hearing was held on April 14, 2005. [Exhibit 41]
23. At the hearing there was a presentation by the applicant describing and explaining
the proposal. The Director presented the staff report and his Recommended Conditions
of approval. [Testimony of Gunner; Testimony of Machen]
CUP12726
Page 4 of 12
23. At the hearing there was a presentation by the applicant describing and explaining
the proposal. The Director presented the staff report and his Recommended Conditions
of approval. [Testimony of Gunner; Testimony of Machen]
24. The concerns of the Design Review Board were discussed, including an April 4,
2005 correspondence [Exhibit 46] acknowledging that most of the Board's concerns had
been addressed and approving of the addition of bays and roof articulation. (Only more
information regarding the building's color remains to be provided.) The Applicant noted
a number of modifications (incorporating window boxes, solar trellis, gabled roof forms,
increased contrast in colors, roof articulation, etc.) made to the building design in respond
to the concerns of the Board. [Exhibit 26; Exhibit 36; Exhibit 40; Testimony of Gunner;
Testimony of Machen]
25. Two members of the public gave comments and asked questions. Concerns
included: views from adjacent residences; number of new parking spaces causing tree
removal; light/glare from exterior lights; and, enclosures for service areas/equipment.
[Testimony of Bard; Testimony of Linz] Responses to the questions include clarification
that: the grade of the new building would be lower than the grade of the adjacent
residences [Exhibit 5, Sheet C-1 and Exhibit 5, Sheet A-4]; there would be a stone
retaining wall along much of the northern property line [ Exhibit 5, Sheet C-l];
downsizing the parking area would not save some large trees because those trees are
located near the middle of the proposed lot; all exterior lights would be selected to
comply with the requirement that no light "trespass' will occur [see also recommending
Conditions 13 and 14 and Exhibit 23]; and, service areas (dumpsters, loading dock, etc.)
would be located away from the perimeter and enclosed. [Testimony of Gummer;
Testimony of Machen]
26. The Director noted in credible expert testimony that the proposal meets all the
criteria to allow the requested conditional use for height (i.e. from 25 ft. to 30 ft.).
[Testimony of Machen]
Bainbridge Island Municipal Code
27. Pursuant to BIMC 18.23.030.C health care facilities may be permitted as a
conditional use in the R-4.3 zone. Also in this zone BIMC 18.23.030.C allows for
building height of 30 ft. as a conditional use.
28. 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;
CUP12726
Page 5 of 12
2. The conditional use will be served by adequate public facilities
including roods, 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.
29. Health care facilities in residential zone must also meet the conditional use criteria
of BIMC 18.108.040.C. 1 which include the following requirtements:
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. AH sites must front on roads classified as residential suburban
or above ....
c. Noise levels shall be in compliance with BIMC 1616020 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. 070.D. 4 (this only applies to residential districts outside v~rinslow).
g. ... limited in lot coverage to only 50percent...
h. ...access and site circulation must be submitted at the time of
application and approved by the city...
30. 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 2.16.100.G provides that the Heating Examiner may "approve, approve with
modifications, deny or remand an application" and in making a decision shah consider
the applicable decision criteria of this code, ail applicable law, and any necessary
documents and approvals."
CUP12726
Page 6 of 12
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. The Conditional Use Permit approval criteria of BIMC 18.108.040.A are met as
follows:
1. Is harmonious and appropriate in design, character and appearance.
The new addition is on the back side of the existing building. The layout
and design of the building minimize the physical and aesthetic impacts.
The building would be excavated into the existing grade, reducing the
height impact. The existing greenbelt and new landscaping would screen
the facility from the residentially zoned properties. The building design
includes a variety of building materials and has been modified and refined
(e.g., gable dormers, articulation, the addition of trellises and other
decorative features, etc.) to create residential appearance in response to
Design Review Board comments.
2. Will be served by adequate public facilities. As conditioned (see
Conditions 15, 16, 18) the proposal meets this criterion. The Madison
Avenue fight-of-way would be improved with a right-of-way dedication of
five feet in width and expansion of the sidewalk to seven feet. The size of
the waterline would be increased to accommodate this development.
Emergency access would be improved to the site as required by the Fire
Department. Sewer, provided by the City of Bainbridge Island, is
adequate. Storm water drainage plans must be approved by the Public
Works Department so as to meet City standards for controlling storm
water.
3. Will not be materially detrimental. There are no foreseen impacts
resulting from the construction and operation of the proposal that would
be materially detrimental to uses or property in the immediate vicinity.
4. Is in accord with the Comprehensive Plan. The Mixed Use Town
Center and Urban Residential designations anticipate higher intensity
residential and commercial development and activity. The proposed
development, with both residential and employment opportunities, would
benefit from close proximity to urban services and would contribute to the
intended residential-commercial use pattern in this, the City's center.
CUP12726
Page 7 of 12
6. Will not adversely affect the area's predominantly residential nature.
As conditioned, the proposed project would not adversely affect the area
or alter the area's predominantly residential nature. The Island Heath and
Rehabilitation Center has been in operation for more than 30 years; it is an
integral pan of this neighborhood. The proposed assisted living facility is
residential in nature and in appearance, and its operation would have little
adverse impact on the residential character despite its "density".
7. All necessary measures have been taken to eliminate impacts. The
Recommended Conditions [see Conditions 1-18 at the end of this
decision] would provide all the necessary measures to avoid and/or
eliminate the impacts on the surrounding area.
(See also Conclusion 4 regarding additional conditional use criteria for a
health care facility in a residential zone.
4. The proposal also meets the additional conditional use criteria of BIMC
18.108.040. C. 1 for health care facilities in residential zones [see Finding 29]:
a. The Applicant submitted a traffic report [Exhibit 2] that showed
only minor effects (1 or 2 seconds delay at peak hour) on level of service
at any of the affected intersections. No mitigation measures would be
wan-anted.
b. The subject property is adjacent to and primary access would be
from Madison Avenue [Condition 18], which is classified as a Secondary
Arterial on the Bainbridge Island Functional Road Classification Map.
Conditions of approval [Condition 15] include frontage improvements in
the form ora right-of-way dedication and sidewalk improvements.
c. It is unlikely any operational activities could create noise levels
that do not comply with the City's noise regulations and those regulations
would also limit construction hours.
d. The proposal, served by City water and sewer., has been
reviewed by the Public Works Department and it was determined that this
use would not overload the system. The applicant would be required to
upgrade the water line to serve the subject property [Condition 15].
e. The proposed assisted living facility is not a school or use that
would necessitate fencing to protect public health, safety and welfare.
(The landscaping plan does include the retention of some existing fence
and the addition of new fencing for both screening and security.)
f. The applicant proposes perimeter buffers of existing and new
vegetation [Exhibit #22c]. A final approved landscape plan would be
required prior to building permit issuance [Condition 4]. (Note: this
criterion only applies to residential districts outside Winslow).
CUP12726
Page 8 of 12
Decision
The application of Extendicare Health Services, Inc. for a Conditional Use Permit to
construct a three-story, 55-unit assisted living facility, is APPROVED WITH CONDITIONS 1
through 18 that follow on pages 11-12.
Entered this 19th day of May 2005.
Meredith A Getch~''~'' /
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 his/her 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 36.70C.
CONDITIONS OF APPROVAL
CUP12726
May 19, 2005
1. The applicant shall obtain an approved building permit from the Department of
Planning and Community Development prior to any construction activities.
2. Any exterior trash receptacles or outdoor storage shall be fully screened with solid
walls and gates. The screening enclosures shall be architecturally consistent with the
adjacent structures and shall not encroach in required setbacks, parking spaces or
required landscaping areas.
3. All mechanical equipment shall be within the roof of the structures or in a location
that is screened from view.
4. Prior to issuance of a building permit, the applicant shall submit a final landscaping
plan. The plan shall depict the percentage of significant trees to be retained, full
screen landscaping screening adjacent to the residential zone, and a minimum of six
trees to be planted within the parking lot landscaping (parking lot landscaping is in
addition to the perimeter landscaping buffer).
5. Prior to final inspection for any building, all landscaping shall be installed in
accordance with approved landscaping plan. If it is an inappropriate season to plant,
an assurance device may be accepted by the City and the landscaping shall be
installed in the next planting season.
6. Landscaped islands with raised curbs shall be used to define entrances and define
ends of parking aisles.
7. A boundary line adjustment combining all the lots shall be submitted, approved and
recorded prior to the issuance of a building permit.
8. Prior to final inspection, a landscaping maintenance assurance device shall be
submitted and accepted by the City to insure the health of the landscaping for a
period of three years.
9. A sight obscuring vegetative barrier or fence, at least five but not more than six feet
high, shall be placed in the side and rear yards adjacent to all parking areas and
vehicular access lanes. This requirement may be waived for abutting commercially
zoned properties upon written agreement from adjoining property owners.
10. Where walkways cross vehicular driving lanes, the cross walk shall be constructed of
contrasting materials or maintained with painted markings.
11. To ensure compliance with the parking lot design regulations, the construction plans
shall dimension all parking spaces and aisle widths.
12. One bicycle space shall be provided for every five parking spaces unless the
applicant demonstrates the proposed use will not utilize that quantity of bicycle
spaces.
CUP12726
Page 10 of 12
13.
14.
15.
All exterior light fixtures shall comply with the City's outdoor lighting regulations
and freestanding features shall not exceed 14 feet in height including the base
(BIMC 15.34).
Parking lot lighting shall be redesigned to eliminate any light trespass onto adjacent
properties.
The following Public Works comments shall be conditions of approval:
a. The applicant shall dedicate five feet of right-of-way along Madison Avenue and
provide a seven foot wide sidewalk, curb and gutter from its north to its south
property comers.
b. The water main along Madison Avenue will need to be upsized to meet to meet
the required fire flow. (If the fire flow design requires a water main line less
than 12 inches in diameter, then the City will pay the difference for the material
cost between the design size and the 12 inch pipe cost.)
c. The water main on Nakata Avenue shall be connected with a ductile iron line
along the north property line to the Madison Avenue water main no smaller than
an eight inch in diameter.
d. The sanitary sewer service line shall be to an existing main with a manhole
connection.
e. The applicant will be required to construct a new seven foot wide sidewalk, curb
and gutter along Madison Avenue from its north to its south property comers.
f. Two additional access points, for emergency service, shall be created from
Wallace Way and Fir Acres Drive.
g. The existing access from Madison Avenue should be realigned to Ihland Place if
possible.
16. The following Fire Department comments shall be conditions of approval:
a. The minimum required fire flow using Table m-A of the Uniform Fire Code, is
2000 GPM ~ 20 psi. This is based on the size and type of construction of the
new structure. A new hydraulic analysis of the available fire flow in this area is
required. However, if the water line in Madison Ave is upgraded as indicated by
Public Works, the analysis would not be required.
b. An automatic sprinkler system is required throughout the entire building. The
system must be designed and installed in accordance with the current edition of
NF.P.A Standard No. 13 A state licensed sprinkler contractor must be utilized to
install the system. Plans and specifications shall be submitted through the
Building Department for Fire Department approval prior to beginning the
installation. The sprinkler system may be installed utilizing a dedicated
underground supply for the new building or by installing a new separate riser
from the existing building, providing the existing supply line is of sufficient size
as determined by a hydraulic calculation.
c. Any new underground sprinkler piping must be installed by a licensed sprinkler
contractor OR utility contractor holding a level "U" certification issued by the
State Fire Marshal's office. Plans shall be submitted to the Fire Department for
CUP12726
Page 11 of 12
approval prior to beginning any work. A double detector check backflow
assembly (DCVA) must be installed on the sprinkler supply line.
d. A new complete fire alarm system shall be installed in the facility. Plans and
specifications need to be submitted through the Building Department for Fire
Department approval. The system must be designed to meet current codes and
standards.
e. Fire extinguishers shall be installed throughout the building.
17. All graded materials removed from the subject property shall be hauled off island or
deposited at City approved locations. (Note: local regulations require that a
grade/fill permit is obtained for any grading or filling of 50 cubic yards of material
or more, and a SEPA Threshold Determination is required for any fill over 100 cubic
yards.)
18. Primary ingress and egress shall be from Madison Avenue. Access from Fir Acres
Drive and Wallace Avenue shall only be for emergency vehicles.
CUP12726
Page 12 of 12