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ISLAND ALLIANCE CHURCH (2)DECISION OF THE HEARING EXAMINER CITY OF BAINBRIDGE ISLAND In the Matter of the Application of ISLAND ALLIANCE CHURCH CUP13348 for a Conditional Use Permit Introduction The Applicant seeks a Conditional Use Permit to allow construction of a church in a residential zone. 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 August 18, 2005. Parties represented at the hearing were: the Director, Planning and Community Development (Department or PCD), by Kathy James, Senior Planner, and the Applicant, Island Alliance Church, by project architect Dana Webber. 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 2.4 -acre site, addressed as 9624 Sportsman Club Road, is located on the west side of Sportsman Club Road, east of State Route 305 [Figures 1 and 2, Exhibit 2]. The Assessor's tax parcel number is 152502 -4- 032 -2002; Exhibit 6 includes legal description and survey information. 2. Existing development consists of the Island Alliance Church (7,500 -sq. ft.) and a gravel parking lot that accommodates 77 vehicles. On weekdays, 50 spaces in the parking lot are used as a Kitsap Transit park- and -ride facility, permitted under CUP 03- 14-96-1 issued in 1996; see Exhibit 8). [Checklist, Exhibit 7; Exhibit 10; Testimony of Webber] 3. The site is generally flat, with a gentle slope to the north. Much of the central portion of the site is open space with a group of large trees just to the north of the church building. There are also large trees in the northern portion of the site and along Sportsman Club Road. East of the eastern property boundary is the SR 305 right -of -way which includes steep slopes down about 30 ft. to the grade of the highway. As they are at a much higher elevation, structures on the site cannot be seen by those traveling along SR 305. The large trees along the western side of the right -of -way, including the band of trees at the top of the slope, also screen the site from view. [Exhibit 6C; Checklist, 1 Exhibit 7; Exhibit 16; Staff Report, Exhibit 30; Testimony of Webber] 4. The zoning is residential (R -2, two units per acre). The Comprehensive Plan designation is OSR (Open Space Residential). Religious facilities in an R -2 zone require a Conditional Use Permit (CUP). [Staff Report, Exhibit 30; Testimony of James] 5. Zoning is R -2 to the south and east, and is R -0.4 to the north and west (with corresponding OSR -2 and OSR -0.4 Comprehensive Plan designations). Uses in the immediate vicinity include the Puget Sound Energy substation to the south and single - family residences to the west across Sportsman Club Road. [Staff Report, Exhibit 30] Proposal 6. The Applicant, Island Alliance Church, proposes to construct the new church building of 28,000 sq. ft. in the clearing just north of the existing church. The new building would have a maximum height of 35 ft. and a total area of 29,307 sq. ft. (with a 11,282 sq. ft. first floor footprint) [Exhibit 3]. There would be worship /meeting space for up to 470. The Applicant intends to make the building available for use by community organizations (banquets, conferences, meetings, performances, etc.) [Exhibit 7; Exhibit 13; Exhibit 30;Testimony of Webber; Testimony of James] 7. The existing building would remain in use until the new building is nearly complete, then the existing building would be demolished and the new parking lot constructed. The new parking lot would accommodate 94 vehicles. (100 spaces were proposed originally proposed, but Condition 4a requires that 6 spaces be removed, limiting capacity to the 94 spaces required by the Code.) On weekdays, the park- and -ride facility would continue to use 50 spaces. [Exhibit 7; Exhibit 8; Exhibit 13; Exhibit 22; Testimony of Webber; Testimony of James] 8. The new building would have a sloping roof and utilize wood, stone and ecologically responsible materials. In recognition of the aesthetic value of the site's natural features, the location of the building and parking lot allows retention of many mature trees [see Finding 12]. Building design, perimeter landscaping, and retention of mature trees are intended to create a "church in the woods" aesthetic in keeping with the general character of development on the Island and in this neighborhood. [Exhibit 7; Exhibit 10; Testimony of Webber] 9. The proposal includes a youth area and skate bowl east of the new church building. A terrace, play area, and wooded open space would be located to north. A bike path and gravel shoulder would be provided along the Sportsman Club Road frontage. [Exhibit 3, Sheet L -2 and L -3; Exhibit 31; Testimony of Webber; Testimony of James] 10. Parking lot access would continue to be from Sportsman Club Road, with two 2- way driveways (one near the southwest corner of the property, slightly north of the existing driveway; the other driveway would be north the existing church location). City water and sewer would continue to serve the property. The new building would be fully OA sprinklered and new hydrants would be installed as required by the Fire Department. Stormwater would be detained on -site as required and conveyed to a nearby stormwater system drainage. The engineer - designed drainage plan includes a biofiltration swale and detention pond in the northern portion of the site. From the pond, stormwater would be directed to the roadside ditch along the state right -of -way. [Exhibits 3C and 31); Exhibit 7; Exhibit 13; Exhibit 22; Testimony of Webber] 11. The proposal includes a full landscaping plan. Many existing trees would be retained [see Finding 12] and new trees and other plantings would be added. Trees and shrubs would be added to form perimeter landscape buffers. The applicant has been granted several variances, including averaging the buffer width along the south property line. The conditions of variance approval require that full screening be provided on the north, south, and east sides of the property. The variance decision was not appealed and the issues it addressed are addressed in this CUP decision. [Exhibit 3, Sheets L -2, L -3; Exhibit 31; Testimony of Webber; Testimony of James] 12. Approximately 61% (14,610 sq. ft.) of the existing "tree canopy" on the site would be retained (30% is the minimum required to be retained). Most of the existing trees in the northern portion of the site would be retained (including some very large trees with diameters over 30 inches). A number of mature trees east and north of the existing church would have to be removed to allow for the proposed construction. Some trees along the western side of the site would also be removed, including several large firs (with diameters in the 20 -34 in. range). The Tree Stand Retention Plan [L -1, Exhibit 3] includes as "to be retained" about a dozen mature trees that are east of the property line within the SR 305 right -of -way. These trees would not be disturbed by the proposed construction. [Exhibit 3, Sheets L -1, L -2, L -3; Testimony of Webber; Testimony of James] 13. Given the change in elevation to the grade of SR 305, plus the width of the right - of -way and the existing trees there, it extremely unlikely that any part of proposed building would be visible from the highway [see also Finding 3]. [Exhibit 3, Sheets L -1, L -2, L -3; Testimony of Webber; Testimony of James] Director's Review and Recommendation 14. This application was submitted on April 15, 2005 [Exhibit 13]. The application was deemed complete [Exhibit 18] and Notice of Application [Exhibit 20] published on April 25, 2005. The proposal requires variances as well as the subject Conditional Use Permit. The Applicant chose to have the variance request and the CUP processed separately. The Conditional Use Permit is required to allow a religious facility in an R -2 zone and to allow building height to exceed the 30 -ft. height limit of the R -2 zone. [Staff Report, Exhibit 30; Testimony of James]. 15. On June 22, 2005, the Director issued a SEPA Determination of Nonsignificance and a Notice of Administrative Decision approving the variances with conditions [Exhibit 31]. Neither decision was appealed. 3 16. The Director referred the application to various City departments for review and comment [Exhibit 12]. The Public Works Department reviewed the application and advised that the location is served by City water and sewer and that the stormwater drainage system must be designed by a civil engineer [Exhibit 9; Exhibit 27]. The Fire Department specified several requirements including that: new hydrants would be required and could be approved at the locations shown on the plans and that an automatic sprinkler system and alarm system must be installed [Exhibit 17]. The Director recommends that the agency requirements be made conditions of approval [see Exhibit 30: Condition 7 (Fire Department), Condition 8 (Public Works - 8a through 8e, general conditions; 8f and 8g, sewer service; 8h through 8m, water service; 8n and 80, stormwater drainage control]. 17. The Public Works Department also provided a Certificate of Concurrency, attesting that existing transportation facilities would not be unduly burdened by development of the proposal [Exhibit 28]. The Certificate of Concurrency is premised upon a church with 470 seats and anticipates 329 Peak Hour Trips on Sundays. Sportmans Club Road and New Brooklyn Road and Sportmans Club Road and SR 305 were the transportation facilities considered. 18. The Director received two comments from the public. One person focused on the vegetative buffer along the highway and urged that full perimeter buffers (screening vegetation) be required and that exterior lighting not detract from the buffer or become a safety issue for drivers on the highway [Exhibit 25]. The other comment voiced opposition to allowing the church to be larger than what is allowed (i.e., without variances or CUP), asserting that "we don't need larger facilities" [Exhibit 23]. 19. 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 [Staff Report, Exhibit 30, pages 6 through 13], including the discussion of and references to the Recommended Conditions [pages 2 through 5], are hereby adopted by reference into these Findings. 20. 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, Exhibit 30, pages 11 -12]. The Director's Recommended Conditions [Exhibit 30, page 2- 5] are appropriate and responsive to applicable Code requirements and mitigation of impacts. At the hearing, the Director agreed with the Applicant that the provision of a full vegetative screen along the southern property line would make the requirement for a wood fence redundant and that Recommended Condition 4c could be eliminated. The Applicant also requested that Recommended Condition 1 be modified so that, once the building is enclosed, interior construction could be go on beyond the construction hours specified in the Code. The Director agreed that this modification would be reasonable. The Director asked that Recommended Condition 1 be modified to specify `BIMC 16.16.025A through D ". [Testimony of Webber; Testimony of James] The conditions of 4 approval can be modified as requested without compromising the objectives of screening between uses or the mitigation of construction noise impacts. Public Hearing 21. Notice of the public hearing on the Conditional Use Permit was properly given and complete as of July 28, 2005 [Exhibit 29]. The hearing was held on August 18, 2005. 22. At the hearing there was a presentation by the applicant describing and explaining the proposal. The Director presented the staff report and Recommended Conditions of approval. [Testimony of Webber; Testimony of James] 23. One member of the public spoke at the hearing and advocated for full screening along the highway as necessary to retain the Island's rural appearance and to reduce noise impacts [Testimony of Schmid]. This individual submitted a written comment [Exhibit 25] to the Director regarding the same subject [see Finding 18]. The proposal includes the required screening along the east property line (also see Findings 3 and 13). Bainbridge Island Municipal Code 24. Pursuant to BIMC 18.30.030.E, religious facilities may be permitted as a conditional use in the R -2 zone. Also in this zone, a building height over 30 ft. may be permitted as a conditional use. 25. The conditional use procedures of BIMC 18.108.040.A provide 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. 26. A religious facility in a residential zone must be processed as a regular conditional use and also meet the criteria of BIMC 18.108.040.C.1 which include the following requirements: a. ... submit a traffic report, showing the effects on level of service on affected roads. Pro osed mitigations for degradation of the LOS must be submitted as part ofthe application. b. All 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 Ian or alternative methods to protect the public health, safety and were 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 Winslow). g. ..limited in lot coverage to only 50 percent of the allowable lot coverage in the zone... h. ...access and site circulation must be submitted at the time of application and approved by the city... 27. BIMC 2.16.025.13.1 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 Hearing Examiner may "approve, approve with modifications, deny or remand an application " and in making a decision shall consider the applicable decision criteria of this code, all applicable law, and any necessary documents and approvals. " 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 [see Finding 25] are met as follows [see also Staff Report, pages 11 -13]: 1. Is harmonious and appropriate in design, character and appearance. The size and design of the new structure would be compatible with development in the vicinity. By retaining many mature trees, adding landscaping to the perimeter and parking lot, and keeping the northern third of the site as a wooded, open space, the proposal would be harmonious with the existing character and appearance of the neighborhood. 2. Will be served by adequate public facilities. Adequate water and sewer Z service is available. The structure would be fully sprinklered and additional fire hydrants(s) would be provided as required by the Fire Department. The storm water drainage system is designed by a licensed engineer and must be approved by the Public Works Department so as to meet City standards. 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. Preserving mature trees (61% of the existing canopy) and providing landscaped perimeter buffers is in accord with Comprehensive Plan goals of preserving Island character and the forested view from highways. The proposal is also consistent with the existing pattern of development (Goal 4, Land Use Element) and, consistent with Goal 4 of the Cultural Element, the church would be available for community /cultural events. [See also Staff Report, Exhibit 30, page 6.] 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 residential nature. The church has been in this location for nearly 20 years so the proposal is not a change of use and it would not alter the area's character (which is not developed "predominantly" as residential in the immediate vicinity). 7. All necessary measures have been taken to eliminate impacts. The Recommended Conditions [see Conditions at the end of this decision] would provide all the necessary measures to avoid and/or mitigate the impacts on the surrounding area. 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 26]: a. The Applicant submitted a traffic report [Exhibit 2] that showed only minor effects (mild delay at peak hour) on level of service at any of the affected intersections. b. The subject property is adjacent to and has access from Sportmans Club Road which is classified as a Secondary Arterial [Staff Report, Exhibit 30, pagel2] c. It is unlikely any operational activities would create noise levels that do not comply with the City's noise regulations and those regulations would also limit construction hours [see Condition 1]. d. The proposal would be served by City water and sewer and has been reviewed by the Public Works Department. e. Fencing is not needed to protect public health, safety and welfare. (The perimeter landscape buffer would provide adequate 7 screening between it and the utility to the south; see Finding 20.) f. The applicant proposes perimeter buffers of existing and new vegetation. (See also Variance decision, Exhibit 31.) g. Lot coverage of 13% (rather than the 10% that would otherwise be required by this provision) has been allowed by the variance decision [see Findings 14 and 15]. h. Access and circulation is evident in the site plan [Exhibit 3A] and discussed in the traffic report [Exhibit 2]. 5. The requested Conditional Use Permit should be approved with Recommended Conditions 1 through 9 as those conditions have been modified with the requests and information received at hearing. Decision The application of Island Alliance Church for a Conditional Use Permit is APPROVED WITH CONDITIONS 1 through 9 that follow on pages 10 -13. Entered this 15th day of September 2005. /S/ Meredith A. Getches Hearing Examiner pro tem City of Bainbridge Island 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. E:3 CONDITIONS OF APPROVAL CUP13348 August 15, 2005 1. Construction activities shall be limited so as to comply with BIMC 16.16.025.A through D; provided, once the structure is fully enclosed (roof, exterior walls, windows, doors), interior construction activities may take place between 7 a.m. and 7 p.m. on weekdays, between 9 a.m. and 6 p.m. on Saturdays, and between 10 a.m. and 4:00 p.m. on Sundays and legal holidays. 2. Planting requirements, and maintenance shall be met (BIMC 18.85.090 and 110). All landscaping, significant trees and tree stands shall be maintained in a healthy state for the life of the project. a. Assurance devices shall be submitted prior to building permit issuance and may be released only after installation of the required landscaping and submittal of the landscaping declaration. b. A maintenance device shall be submitted prior to occupancy permit. C. Existing significant trees shall be protected during construction in accordance with 18.85.060B. d. The final landscape plans shall include the following (Existing trees and shrubs may be included in the count): i. Landscaping in the parking lot is to have one tree for every four parking stalls, or 25 trees, all of which may be 2 -inch deciduous. ii. Parking lot plantings shall include evergreen shrubs three feet on center, a landscaped area at the end of each aisle, and evergreen ground cover that will achieve total coverage within two years. (BIMC 18.85.070E.1) iii. Landscaped islands with raised curbs shall define entrances from the right - of -way, define pedestrian walkways from the right -of -way to all buildings, define ends of parking aisles, and indicate the pattern of circulation. 3. A minimum of 31 bicycle stalls shall be provided in accordance with 18.81.100. 4. The parking lot and access plan shall be revised as follows: a. Six parking stalls shall be removed from the parking plan (i.e., 94 spaces are to be provided). b. Four compact parking stalls along the west boundary shall be converted to 9 x 20 foot regular parking stalls. Regular stall width shall be 9 feet; compact stall width shall be no less than 7.5 feet. 5. The use of the building for community events shall not interfere with the use as a church or for a park- and -ride lot. 6. A certificate of compliance is to be submitted with the building permit in accordance with BIMC 15.34.070. Outdoor lighting fixtures shall be no taller than 20 feet from grade and comply with the standards of BIMC 15.34.070, including being hooded or shielded to prevent off -site light spillage. 01 7. The comments of the Fire Marshall [Exhibit 17] shall be conditions of approval as follows: a. The submitted plan indicates the gross floor area of the building is 29,307 SF. The minimum required fire flow for a building of this size with a sprinkler system throughout is 1500 GPM @ 20 psi, utilizing type V -A construction. b. The locations of the new fire hydrants shall be as shown on the submitted plan. Any change to these locations must be received prior approved by the Fire Marshal. C. An automatic sprinkler system shall be installed throughout the building. Plans shall be submitted though the Building Division for fire district approval. The underground supply for the sprinkler system must be installed by a licensed sprinkler contractor or utility contractor with a Level "U" certification issued by the State Fire Marshal's Office. d. A fire alarm system (consisting of smoke detection, pull stations and audibility) shall be installed throughout the building. The fire alarm control panel shall be an addressable type panel. Plans must be submitted through the Building Division for fire district approval. e. Because the building exceeds 10,000 SF of gross floor area, a standpipe system shall be installed in stairways and corridors throughout the building. Specific requirements will be determined prior to building permit approval. Plans may be submitted in conjunction with the sprinkler system. f. The service road shown on the submitted plan located at the rear of the building shall be paved and at least 20 fee wide in order to provide adequate fire department access. 8. The following Public Works requirements [Exhibit 27] shall be conditions of approval as follows: a. General (1) The existing sanitary sewer force main in Sportsman Club Road shall be constructed to the north property line of this development. Valve clean outs shall be installed in line at 300' on center and also one on the end of the main at the north property line. (2) A 5 -foot bike lane shall be paved and a 3 -foot crushed surfacing top course shoulder shall be constructed on the east side of Sportsman Club Road for the entire frontage of this site. (3) The existing domestic water main in Sportsman Club Road shall be constructed to the north property line of this development. An in- line size -on -size valve shall be installed at end of this new water main extension at the north property line with a blow off and a tie -back thrust block. (4) Ingress and egress lanes through the site shall be a minimum of 24 feet in width to be appropriate for emergency services and two way vehicular movements. Turning radii (20 -foot minimum) shall also be sized for emergency service vehicles. 10 (5) Right -of -way on Sportsman Club Road shall be dedicated and/or deeded to City of Bainbridge Island. Said right -of -way shall be 30 feet on the East Side of the road, measured perpendicular from the centerline of the existing pavement. b. Sewer (1) A letter of sewer availability shall be obtained by applicant. (2) Applicant's project will connect to a City sanitary sewer force main. As such, this will require a sewage pump station that shall remain private to be located on the Applicant's property. Location of the pump station, building connections and piping configurations will need to be identified in subsequent plan submittals for additional review comments. Should the applicant want the City to own and maintain this lift station, application must be made to the City Engineer and the following Items i & iii shall apply, but it is the intent of the City that this lift station shall remain private. A sewage pumping station shall include: i. Telemetry for remote monitoring and control of sewage lift station. Telemetry shall integrate with City's existing telemetry system. ii. A separate source of power shall be furnished to each sewerage lift station (emergency power generator). The emergency power generator shall have a residential sound attenuation package and a fuel supply cell rated for 24 hour operating capacity. (Generator manufactures acceptable to the City include, Onan, Cummins, White or Luger.) iii. Easements for operations and maintenance. iv. Other criteria will be discussed as Applicant proposes specific sewerage solutions for this property. C. Water (1) A letter of water availability shall be obtained by applicant. (2) The minimum fire flow required for this project is 1500 GPM @ 20 psi for 2 hours. It appears that this flow is available in this area for this project. (3) Automatic sprinkler systems will be required in all buildings that have a gross floor area of 5,000 square feet or more. (4) Monitor fire alarm systems are required in each building consisting of smoke detectors in common areas, pull stations at each exit on each floor, and audible devices throughout. (5) Cross Connection Control. Department of Health (WAC 246 -290- 490), Bainbridge Island Municipal Code (13.20) and American Water Works Association (AWWA, Cross Connection Control Manual, Chapter 5, 6th Edition regulations must be adhered to and will be enforced by the City's Cross - Connection Control Specialist. (6) Fire suppression systems, landscape irrigation, building height (over 30 feet as measured to the highest interior plumbing fixture from the water main) and complex interior and exterior plumbing arrangements are regulated pursuant to these regulations. (7) All connections to water mains within the public right of way that 11 require cross connection control protection shall be accomplished through the installation of approved backflow prevention assemblies. (8) Fire suppression systems require a double detector check valve assembly (DCDA) to be installed at the property line as illustrated in City Design and Construction Standards and Specifications drawing No. 10 -160. Water meters shall be installed at the property line with double check valve assemblies (DCVA). (9) Landscape irrigation meter and DCVA shall be installed at the property line. Pursuant to BIMC 15.04.090 all new or remodeled buildings over 5,000 square feet shall be sprinklered with a fully automatic sprinkler system. A side -by -side installation of a DCVA is utilized for three or more units being served by a single service meter at the property line as illustrated in City Design and Construction Standards and Specifications drawing No. 10 -167. (10) The applicant shall comply with BIMC 13.08.040.G requirements for separate meters. d. Storm Drainage (1) Surface storm water will be allowed to outfall to the natural drainage ways after the collection, conveyance, detention and treatment system using historic site flows is accomplished. Erosion control is of utmost importance and a civil plan for this is required. (2) Design for all mentioned above will be by a civil engineer that is registered in Washington State. All construction staking will be by a surveyor that is registered in Washington State. (3) Final "as built" plans are required and shall be accomplished by the project civil engineer and the project surveyor and submitted to the City for review and acceptance. Final "as builts" shall be submitted on mylars and also in digital form acceptable to the City Surveyor. 9. The conditions of approval for the variance (VAR13348) must also be fulfilled. 12