RIGHT MEDICAL BUILDING, LLC
DECISION OF THE HEARING EXAMINER
CITY OF BAINBRIDGE ISLAND
In the Matter of the Application of
Right Medical Building LLC, CUP14430B & SPR14430B
For Approval of a Site Plan Review
and Conditional Use Permit
Introduction
Right Medical Building LLC applied for a conditional use permit and site plan review for a
medical complex to be located at 8812 Casey Street.
An open record public hearing was held on September 26, 2008. The applicant was
represented by Rolf Hogger, MJR Constructors, and the Department of Planning and Community
Development was represented by Bob Katai, Division Manager. Witnesses, in addition to the
representatives were: Jim Morse, John Anisoglu, Jay Webster, Olaf Ribeiro for the Murden Cove
Preservation Association, and Vince Mattson.
All references to sections in this decision are to the Bainbridge Island Municipal Code,
unless otherwise indicated.
After due consideration of all the evidence in the record, the following shall constitute the
findings, conclusions, and decision of the Hearing Examiner on this application.
Findings
1. Two applications, one for a 27,700 square foot medical office building and second for a
47,300 square foot, 53-unit assisted living facility building, have been consolidated for Site Plan
located at 8812 Casey Street which is at the southeast corner of the intersection of Madison
Avenue and Casey Street.
2. The subject site comprises three parcels and is 5.42 acres in size. A single-family
residence, barn and several accessory buildings currently occupy the eastern part of the site. A
boundary line adjustment is proposed and being processed to create two lots with the medical
office building on one and the assisted living facility on the other. The northern portion of the site
is relatively flat and then the site slopes down to Category II wetlands on the southern portion and
the headwaters of the Winslow Ravine, identified as non-fish bearing, crosses the southwestern
portion of the property. The unoccupied part of the site is forested.
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3. The subject property in shown as Urban Multi-family Residential, 8-14 units per acre, on
the Comprehensive Plan land use map. It is zoned R-88 units per acre. The R-8 zoning
continues to the south of the site and the closest development on that side is some 700 ft away, a
three-story multifamily development, Sakai Village Condominiums. Land to the north is zoned
R-2. The nearest development on that side is the Bainbridge First Baptist Church. To the east is
State Route 305 and R-2.9 zoning. A single-family house is on the east side of the highway. To
the west is Madison Avenue and R-2--2 units per acre and LM-Light Manufacturing zoning
developed with a fire station and mini-warehouse.
4. The Comprehensive Plan, Goal 7, indicates that the Urban Multi-family District is
intended for moderate to high-density residential development but it may include certain office
and governmental uses. The zoning code, adopted to implement this goal, allows health care
facilities as conditional uses. Policy W 7.1 is to have residential development within the Urban
Multi-family District be served by public facilities and services normally associated with urban
area development. Public water and sewer services are available to the site. Policy W 7.3 is to
provide landscape buffers between multi-family and existing single-family homes. Single-family
residences are located across SR 305 and screening, described below, will be provided. And
Policy W 7.4 is to have design standards for building height, bulk, massing and articulation,
parking requirements, landscaping, lighting, screening of service areas, open space and pedestrian
linkages in order to ensure the compatibility of development with adjacent uses and retain the scale
of development in Winslow. Design guidelines have been adopted that are applicable to this
proposal.
5. A City Attorney opinion that an assisted living facility is a health care facility was issued in
1998. Health care facilities are permitted in the R-8 zone as conditional uses. Section 18.15.030.
6. Access to the site is proposed to be from Casey Street, an unclassified street to which local
suburban street standards would apply, that connects to Madison Avenue and provides access also
to the church. The site also fronts on Madison Avenue, classified as a secondary arterial. The
application proposes the dedication of 15 ft. of additional right of way for Casey Street.
7. State Route 305 is designated as part of the Scenic and Recreational Highway system
pursuant to RCW 47.39.020. Mr. Mattson explained that the intent of the designation is to protect
and preserve the scenic resource, which requires managing land use outside of the right of way.
8. The medical office building is to be two stories over an underground garage located on the
northeasterly portion of the site. The basement parking garage would provide 36 parking spaces.
The assisted living facility would be three stories plus a basement and sited parallel to NE Casey
Street in the northwest corner of the site. About 30 ft. of the frontage would be along Madison
Avenue. The buildings would be separated by 160 ft. A 96 space surface parking lot would be
located to the east of that facility parallel to the street and parallel to SR 305 to the east of the
medical office building. Up to 8 additional spaces would be created on Casey Street. In total, the
complex would provide 140 parking spaces.
9. An office building is required by Section 18.81.030 to provide four spaces per 1,000 square
feet for the office building or 111 for the proposed building. Since parking requirements are not
established by the code for assisted living facilities, the Director approved the provision of .5 space
per unit for the assisted living facility based on the demand experience at other assisted living
centers on Bainbridge Island. The other facilities have found that parking demand is generated by
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staff and visitors since few residents own or drive cars. The proposal includes sufficient parking to
meet the requirements. No parking is proposed within the required 25 ft. setbacks in compliance
with Section 18.81.100, and the dimensions proposed satisfy the requirements of Section
18.81.070 but both will be confirmed during building permit review.
10. Parking facilities are required to provide parking for bicycles at a rate of one bicycle space
for every five parking spaces. Section 18.81.140. The project would be required to provide 28
spaces. A condition is recommended by planning staff to ensure compliance.
11. Circulation plans for vehicular, pedestrian and bicycles were submitted with the
application. While generally only one access point to the public right-of-way is allowed for a lot,
the Director may allow more to improve traffic flow if adverse impacts are mitigated. The
Director determined that two access points would improve on-site traffic flow where the Casey
Street frontage is over 60 ft. long and there are two separate buildings.
12. The service area for the assisted living facility would be within the building. Planning staff
recommend that the service area for the medical office building be located away from the assisted
living facility and be screened.
13. Though the code requires a fencing plan or other method to protect public health and
safety, that requirement was waived pursuant to Section 18.108.040C(2) as it was not necessary or
appropriate for a health care facility.
14. The maximum lot coverage permitted in the zone is 25 percent, except that when the use is
a health care facility in a residential zone, the maximum permitted is half the standard, or 12.5
percent. Section 18.108.040D(1)(g). The proposed lot coverage would be 11 percent plus
canopies. That the maximum is not exceeded by the addition of canopies will be a part of the
building permit review.
15. The minimum setback along the three street sides of the site, all front setbacks, is 25 ft. The
proposal meets that requirement. However, a structure over two stories requires an increase in the
setback for additional stories by four feet so applies to the third story of the assisted living facility.
The plans show a 29 ft. setback in conformance with this requirement.
16. The minimum side setback required, the south side in this case, is at least five feet. At its
narrowest, the setback from the south property line is over 60 ft.
17. Section 18.15.070 establishes a maximum height in the zone of 35 ft. for buildings unless
additional height is approved under the conditional use permit. The application proposes 35 ft. for
both buildings after substantial grading. The actual height will be verified during building permit
review.
18. A 20 ft. wide partial landscape screen, one that provides a moderately vegetated separation
between uses and districts, is required by Section 18.85.070(D) along rights-of-way and roads in
Urban Multi-family Districts. Landscaping in a full landscape screen is also required between
parking lots and adjoining streets. Section 18.85.070(E). Along SR 305, only a 20 ft. partial
landscape screen would be required, but because additional screening is needed to address
lighting, privacy and aesthetic concerns, staff proposes that a full landscape screen 25 ft. wide be
required. The code requires a 15 ft. filtered landscape screen along the south boundary of the site
because of the multi-family development adjoining and the wetlands provide that screening. In
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general, the setback requirements exceed the perimeter landscape buffer requirements. The
Design Review Board (DRB) recommended that the landscape screen shown in plans submitted at
facility. With the proposed conditions, the landscaping would meet and exceed the code
requirements.
19. At least 30 percent of significant tree canopy or 15 percent of the total number of
significant trees on the site must be retained along with all significant trees in the perimeter
landscape buffer. Section 18.85.060. A condition is recommended to assure that all trees in the
perimeter be retained. With the forested wetlands and buffer, the tree canopy retention
requirement will be met.
20. A 50 ft. buffer is required along non-fish bearing streams, Section 16.20.130, and a 100 ft.
buffer is required for a Category II wetland that does not have high or moderate levels of function
for habitat and will be surrounded by an urban non-residential use. Section 16.20.160. The
wetlands analysis report submitted by the applicant notes that the wetlands provide low habitat
functions. In addition to the buffer, a 15 ft. setback from the buffer is required for impervious
surfaces and buildings. The design observes the appropriate wetland buffer and setback from the
buffer, except for a minor intrusion by the patio for the assisted living facility. A condition is
recommended to ensure that that portion of the patio be pervious.
21. Jay Webster described utilizing trails and exploring the wetland on the site as a child. The
proponents propose to expand and enhance the trails in the wetland buffer for use of both facilities.
Trails are permitted within wetland buffers under guidelines in Section 16.20.160. The trail system
will provide connection from Madison Avenue to the SR 305 side. A condition of the MDNS
requires a public access easement over the trails.
22. A traffic impact analysis (TIA) was performed by Heath & Associates and provided to the
City. The TIA predicted that the traffic generated during the peak hours would not reduce the level
of service (LOS) at the studied intersections. Mr. Mattson, a retired traffic engineer with
considerable experience, questioned the reliability of the data and the conclusions of the TIA. He
pointed out that the counts were made in the summer when school traffic would not be affecting
Bainbridge Island actually may be greater in the summer when the counts were made than in the
school year. Even if that were not the case, because the peak hour for the medical facility would
not coincide with the school peak hours, data gathered while the school was not operating would
be acceptable for this project. Though a 2002 study showed higher volumes at the intersection
than the numbers used by Heath for 2006, Heath testified that the counts he utilized were reliable.
He opined that a traffic signal at Madison might account for some of the difference in volumes
found by Mr. Mattson. Mr. Mattson conducted counts and found a higher volume of traffic than
used in the TIA and he did an independent analysis of the traffic impacts. This information and his
concerns were presented to the City in writing and in a meeting, but the Department of Public
Works, which reviewed the TIA, was satisfied with the methodology and concluded that, with the
improvements required by the MDNS, the level of service would not drop below acceptable levels.
The information introduced by Mr. Mattson certainly raised questions about reliability of the TIA
sufficiently reliable for the pu
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new traffic is likely to increase the volume of traffic turning right from Madison onto SR 305, so
the MDNS requires the applicant to construct a right turn lane on the south leg of Madison Avenue.
23. The Department of Public Works determined that the transportation facilities affected by
the proposed development has capacity equal to or greater than required to maintain the level of
service standard and issued a certificate of concurrency for the proposal for 1,096 average daily
trips.
24. A non-binding commitment for water and sewer system capacity was issued by the
Department of Public Works. Planning staff proposes conditions to ensure binding approvals are
obtained prior to building permit issuance.
25. The storm water drainage plan for the site includes a detention facility, storm filter, green
roofs, pervious pavers in the parking areas, and rain gardens. Runoff from the roofs is to be stored
for watering the roof in the summer if necessary or collected in dispersion trenches and discharged
systems. The parking areas are to have pervious surfaces so that storm water can be absorbed into
the ground or go to the rain gardens.
26. The proponents are exploring the use of geothermal energy as a heat source for the
buildings.
27. The Kitsap County Health District notified the City that the project meets the Kitsap
County Health District Code.
28. The Bainbridge Island Fire Department reviewed the proposal and provided comments
regarding compliance with the 2006 International Fire Code, sprinklers and alarms for the
buildings, modification of fire hydrant locations needed, height of the building overhang, labeling
of the fire lanes, clarification of the access point needed, and a requirement that Casey Street be
renamed. Conditions of approval are proposed to assure compliance.
29. The Department of Public Works reviewed the application and provided comments and
conditions of approval including a storm water pollution prevention plan prior to the start of
construction, civil plan design for proposed storm water facilities, the dedication of 15 ft. of
property fronting Casey Street for right of way as proposed, street improvements, etc., as detailed
in its memorandum dated July 17, 2008, Exhibit 21.
30. The lighting of the buildings and site are required to conform to the standards of Chapter
15.34 that were adopted to preserve and enhance the view of the dark sky, among other purposes.
Section 15.34.010. A condition of approval to require compliance was recommended.
31. The Design Review Board (DRB) met several times to review the proposed project for
compliance with the design guidelines of Chapter 18.41. The DRB found some of the guidelines
inapplicable due to the nature and location of the use and was largely concerned with addressing
the scale of the buildings. After requesting various modifications to the design, the DRB
recommended approval subject to a condition requiring that the landscaping plans submitted at its
September 9, 2008, meeting be implemented.
32. The location is seen as desirable for an assisted living facility given its proximity to
emergency facilities and churches and the availability of shuttle service to the town center.
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33. Written public comment included concern about traffic, light pollution, and scale of the
buildings.
34. The City issued a Mitigated Determination of Non-significance (MDNS) for the proposal
on May 1, 2008. The MDNS included a series of twenty conditions to mitigate the impacts of the
proposal on the environment. Among the conditions are those requiring improvement of the Casey
Street and Madison Avenue frontage with curb, gutter, sidewalk and storm drainage, addition of a
right turn lane on the south leg of Madison Avenue at SR 305, development of a trail network
within the wetlands and wetland buffer, etc. Those conditions are to be attached to approval of the
underlying permits. The MDNS was not appealed.
35. The Planning Commission held a public meeting to consider the proposed development as
part of the regular site plan review process. The Planning Commission recommended approval of
the applications subject to the conditions proposed by Planning staff and an additional condition to
require that all exterior building surfaces be non-reflective materials.
36. Notice of the application and SEPA comment period was initially provided October 6,
2007, and a second notice issued on October 31, 2007. Notice of the amended application to add
Phase 2 was issued July 12, 2008. Notice of the public hearing was mailed and posted August 27,
2008, and published September 10, 2008.
37. The basis for site plan and design re
to the proposal are:
A. The site plan and design is in conformance with applicable code provisions and
development standards of the applicable zoning district;
** *
C. The locations of the buildings and structures, open spaces, landscaping,
pedestrian, bicycle and vehicular circulation systems are adequate, safe, efficient
and in conformance with the nonmotorized transportation plan;
D. The proposal will be served by adequate public facilities including roads, transit,
water, fire protection, sewage disposal facilities and storm drainage facilities;
E. The site plan and design is consistent with the design guidelines of Chapter
18.41 BIMC, or other applicable design guidelines of the zoning district;
F. No harmful or unhealthful conditions are likely to result from the proposed site
plan;
G. The site plan and design is in conformance with the comprehensive plan and
other applicable adopted community plans; and
H. Property subject to site plan and design review which contains a critical area, as
defined in Chapter 16.20 BIMC, conforms to all requirements of that chapter.
38. The criteria for conditional use approval are as follows:
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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, sewer 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 and other
applicable adopted community plans, including the nonmotorized transportation
plan;
5. The conditional use complies with all other provisions of this code;
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.
Section 18.108.040A.
39. In addition to the criteria listed above, health care facilities in residential zones must meet
these criteria:
a. Applicants are required to 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 16.16.020 and 16.16.040A.
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
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
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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 construction including bulk and height and harmonious architectural
design features compatible with the surrounding neighborhood.
Section 18.108.040C.1.
40. The Hearing Examiner is authorized to hear and decide applications for conditional use
permits and conduct site plan and design review by Sections 2.16.150, 18.105.010 and 18.108.020.
Conclusions
1. The Hearing Examiner has jurisdiction to hear and decide this matter.
2. The notice of application and of public hearing complied with the requirements of the code
for notice.
3. With the conditions proposed by the agencies, departments, and board who reviewed the
proposal, the site plan and design will be in conformance with the applicable code provisions,
Design Guidelines and development standards; the building locations, open spaces, landscaping
and circulation will be adequate, safe and efficient; it will be served by adequate public facilities;
no harmful or unhealthful conditions should result and the site plan design is in accordance with
the Comprehensive Plan. While the proposed buildings will be of a different scale and design than
neighboring structures, the mix of types and styles of buildings in the immediate neighborhood
does not suggest a consistent
buildings that are designed with modulations and materials and are adequately screened that they
should be compatible. The site plan review shows that the plans are consistent with the criteria and
the site plan should be approved subject to the proposed conditions.
4. With appropriate conditions, the criteria for conditional uses are met by the proposal. The
character of the subject site has been taken into consideration in the site plan design for the uses
and the design and appearance of the structures and grounds will be compatible with their
surrounding uses. With compliance with the proposed conditions for improvements and
approvals, the uses will be served by adequate public facilities. The health care facilities will not
be detrimental to uses or properties in the vicinity and though the use is not residential, the area is
not predominantly residential and the use will be well separated from any residential use. The
proposed use is in accord with the comprehensive plan and with the proposed conditions will
comply with all provisions of the code. The mitigation measures in the MDNS, code requirements
and proposed conditions will mitigate the impacts of the uses on the environment and surrounding
area.
5.
that the level of service will remain at an acceptable level, the site fronts on roads classified as
residential suburban or above, noise levels will be controlled by regulations, conditions will assure
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adequate levels of sewer and water supply, conditions will assure appropriate perimeter landscape
buffers, lot coverage will be below the maximum allowed, and circulation plans have been
submitted, reviewed and conditions proposed.
6. With imposition of conditions proposed, all criteria for approval of the conditional use are
met and the conditional use permit should be granted.
Decision
The application for a conditional use permit for the health care facility and site plan
approval is GRANTED subject to the following conditions:
SEPA Conditions
1. No clearing, grading or other construction activities shall occur until a building permit
or site development permit has been submitted by the applicant and approved by the
city.
2. All graded materials removed from the development shall be hauled to and deposited at
city-approved locations.
3. To mitigate impacts on air quality during earth moving activities, contractors shall
conform to Puget Sound Clean Air Agency Regulations, which ensure that reasonable
precautions are taken to avoid dust emissions. (BIMC Section 16.08.040)
4. A Storm Water Pollution Prevention Plan (SWPPP) for the proposed development
shall be provided for city review and approval in accordance with BIMC Chapter
15.20. The plans must be approved, the improvements constructed (or a construction
bond provided if applicable), and an acceptable final inspection obtained prior to
issuance of Certificate of Occupancy. The design submittal shall incorporate all
proposed project improvements including complete civil plans, grading and erosion
control plans, roadway plans and profiles, and storm drainage facilities and drainage
report. These reports shall be prepared by a professional engineer currently licensed in
the State of Washington. A Construction Stormwater Permit (NPDES) will be required
prior to construction plan approval in accordance with BIMC Section 15.20.030.B (4).
More information about this permit can be found at:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/ or by calling Charles
Gilman at (360) 407-7451, email chgi461@ecy.wa.gov. This permit is required prior
to any construction activities.
5. During the construction of the proposed infiltration facilities, the Project Engineer shall
provide an inspection to verify that the facilities are installed in accordance with the
design documents and that actual soil conditions encountered meet the design
assumptions. The Project Engineer shall submit the inspection report properly stamped
ing.
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6. An easement to COBI for access and maintenance of the proposed public stormwater
facilities will be required prior to issuance of the Certificate of Occupancy.
7.
design measures as part of the SWPPP to protect the public stormwater infiltration
facilities during construction of the development.
8. To the satisfaction of the Public Works Department, the applicant shall improve the
roadway section for Casey Street to provide a minimum 18-foot wide paved driving
surface, with appropriate storm drainage facilities per COBI Design Standards. The
roadway shall be built to COBI Design standards, including curb, gutter, and sidewalk
9. To the satisfaction of the Public Works Department, the applicant shall improve the
Standards.
10. To mitigate anticipated traffic impacts, to the satisfaction of the Public Works
Department, the applicant shall construct a right turn lane on the south leg of Madison
Avenue in accordance with the technical appendix diagram submitted in the Island
Medical Traffic Impact Analysis date-stamped received April 1, 2008 by the
Department of Planning and Community Development.
11. In order to provide recreation and access to the adjacent open space to the south, a trail
network, consisting of four to six foot wide trails, shall be developed within wetlands/
wetland buffer in the southern portion of the site. The network shall extend from the
Madison Avenue to the east, towards State Route 305, and terminate at the southern
property line. A public access easement shall be granted over the trail network.
12. Within the wetlands/wetland buffer, unless approved under a subsequent permit,
removal of vegetation shall be limited to development of a trail network. No soil
disturbance shall occur outside of the six foot wide trail construction corridor. The
-
removal shall be avoided. Limbs and branches up to nine feet over the trail and within
one foot of the trail edges shall be removed. The four to six foot wide trail shall be
constructed with a four inch layer of crushed ¾ inch gravel over a geotextile mat
barrier. All pedestrian improvements shall be installed prior to the issuance of the
Certificate of Occupancy.
13. Prior to final plat submittal, an Operations and Maintenance Plan and Declaration of
Covenant for all constructed stormwater facilities shall be provided for city review and
approval in accordance with BIMC Chapter 15.21.
14. A minimum two-year maintenance bond period for the stormwater facilities is required
prior to issuance of the Certificate of Occupancy. The maintenance period will begin
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after final construction acceptance of the improvements and shall run for a minimum
period of two years. Regular maintenance of the stormwater system is required during
this period. Documentation of maintenance shall be provided to the city on an annual
basis.
15. In accordance with BIMC Chapter 18.85060 (C) and to discourage the removal of
wildlife habitat, significant trees that are removed from designated protection areas
without prior City approval will be replaced with new trees as follows: New trees
measuring 1.5 inches in caliper if deciduous and four to six feet high if evergreen, at a
replacement rate of 1.5 inches diameter for every one-inch diameter of the removed
significant tree or trees within a tree stand. The replacement rate determines the number
of replacement trees. The trees removed shall be replaced with trees of the same type,
evergreen or deciduous. The replacement trees shall also replaced in the same general
location as the trees removed.
16. Any non-exempt tree harvesting shall require the appropriate Forest Practices Permit
from the Department of Natural resources. The conditions of the Island Medical
Conditional Use Permit, Case No. CUP 14430B, shall become conditions of the Forest
Practices Permit.
17. 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
173-304 WAC)
18. In order to mitigate any noise impacts, all construction activities must comply with
BIMC Section 16.16.025 Limitation of Construction Activities.
19. s Lighting Ordinance,
BIMC Chapter 15.34. Compliance will require exterior lighting to be shielded and
directed downward.
20. Contractors are required to stop work and immediately notify the 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.
Project Conditions
21. Except as modified by conditions of approval, the project shall be constructed in
substantial conformance with the site plans date-stamped June 26, 2008.
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22. Prior to submittal of any building permit applications, the applicant shall contact
planning staff to schedule a pre-submittal meeting to review the necessary components
for a complete building permit application. In addition, with the building permit
application submittal, the applicant shall attach a narrative detailing how each
condition of approval is addressed by the building plans.
23. To verify that the buildings comply with the 35-foot height limit, the site plans
submitted as part of the building permit shall contain existing contours overlain with
the building footprints. The submitted material shall include surveyed benchmark
.
information to verify the actual height during construction
24. Prior to any clearing and/or construction activities, fencing delineating the northern
boundary of the wetland buffer shall be installed by the applicant and inspected by
planning staff. Upon completion of construction and prior to issuance of the Certificate
of Occupancy, the construction fencing shall be replaced with split-rail fencing and
signage. The signs shall inform readers of the boundary and its significance. Any
disturbed buffer setback area shall be re-planted with native vegetation upon
Occupancy.
25. Any required landscaping shall be installed prior to the issuance of a temporary
certificate of occupancy for the project. The
architect, certified nursery professional, or certified landscaper shall submit a
landscaping declaration to the department to verify installation in accordance with
approved plans. The time limit for compliance may be extended to allow installation of
landscaping during the next appropriate planting season if the director determines that
a performance assurance device, for a period of not more than one year, will adequately
protect the interests of the city. The performance assurance device shall be for 150
percent of the cost of the work or improvements covered by the assurance device.
26. The landscape plans submitted with the building permit shall depict the items listed in
Avenue and Casey Street frontages with the following exceptions: a) within the
25-foot zoning setback along the parking lot adjoining Casey Street, a more intense
screen, as stipulated in BIMC 18.85.070(E)(1)(b) shall be installed and b) within the
29-foot front setbacks along the assisted living facility, landscaping shall substantially
conform to the plans date-
frontage a full landscaping screen, as defined in BIMC 18.85.070(B)(1), shall be
installed in the 25-foot zoning setback. All significant trees, as defined in BIMC
18.85.010 and located within required perimeter landscape buffer areas, shall be
retained and incorporated into the required landscape screen. All required landscaping
shall be maintained and retained for the life of the project
27. As the code-required Casey Street landscaping screens are located within areas shown
as being developed with rain gardens, the applicant must demonstrate that the dual
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purposes, perimeter landscape screening and stormwater treatment facility, are
compatible. If not, the rain gardens would need to be relocated. Proof of compatibility
or relocation of the stormwater facilities shall be submitted as part of the building
permit application.
28. Prior to issuance of the Certificate of Occupancy (final inspection), the applicant shall
secure the landscape maintenance assurance required by BIMC Section 18.85.090(D).
29. The service area, including trash and recycling enclosures, for the medical office
facility must be located as far away as possible from the assisted living facility and
shall be property screened with fencing.
30. Prior to issuance of the Certificate of Occupancy, the applicant shall install bicycle
racks or hangers supplying parking for at least 28 bicycles.
31. Civil construction plans for all roads, storm drainage facilities, sanitary sewer and
water facilities, and appurtenances shall be prepared by a professional engineer and
approved by the Public Works Department prior to issuance of a building permit.
32. All on-site stormwater facilities shall remain privately owned and maintained. Annual
inspection and maintenance reports shall be provided to the City. The owner shall be
responsible for maintenance of the storm drainage facilities for this development
following construction. Before issuance of the Certificate of Occupancy for this
development, the person or persons holding title to the subject property for which the
storm drainage facilities are required shall record a Declaration of Covenant that
guarantees to the City that the system will be properly maintained. Wording must be
included in the covenant that will allow the City to inspect the system and perform the
necessary maintenance in the event the system is not performing properly. This will be
done only after notifying the owner and giving him a reasonable time to do the
necessary work. Should City crews be required to do the work, the owner will be billed
the maximum amount allowed by law.
33. The property owner shall dedicate, as right-of-way, 15 feet of property fronting along
Casey Street as shown on the preliminary civil drawings date-stamped June 26, 2008.
In addition, a pedestrian easement shall be dedicated for the sidewalk along the
proposed on-street parking along Casey Street to make them public throughways.
34. A right-of-way (ROW) construction permit will be required prior to any construction
activities within the ROW. The ROW permit will be subject to conditions and bonding
requirements.
35. The water and sanitary sewer facilities shall be designed in conformance with BIMC
Title 13
and shall demonstrate compatibility of the facilities with future street improvements
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currently proposed by the City. Specifications for water and sewer facilities include
the following:
a. An eight-inch diameter ductile iron class 52 water main shall be installed along the
b. A 15 foot wide easement for the on-site water main extension shall be provided from
the right-of-way to the proposed buildings.
c. On-site sanitary sewer facilities shall remain privately owned and maintained.
d. An isolation valve shall be provided at the connection to the force main located in
Madison Avenue.
36.
be submitted with the building permit application.
37. To the satisfaction of the Bainbridge Island Fire Department, the project shall meet all
applicable requirements of the 2006 International Fire Code.
38. To the satisfaction of the Bainbridge Island Fire Department, fire sprinkler and fire
alarm systems shall be installed throughout the buildings.
39. To the satisfaction of the Bainbridge Island Fire Department, the proposed hydrant in
front of the assisted living facility shall be relocated to the west parking lot entrance, a
fire hydrant must be installed at the east parking lot entrance, and the proposed hydrant
in front of the medical office building shall be relocated to the entrance of the parking
garage.
40.
clearance.
41. The driving lanes within the project are considered fire lanes and shall be labeled as
such to the satisfaction of the Bainbridge Island Fire Department.
42. The applicant shall file the necessary paperwork to rename Casey Street. The
Bainbridge Island Fire Department reviews street names for conformance with
established county-wide standards.
43. To the satisfaction of the Kitsap County Health District, the applicant shall:
a)
b) s existing well decommissioned by a certified well driller
c) apply for a sewered building clearance accompanied by a water and sewer availability
letter from the water purveyor.
44. To the satisfaction of planning staff, all exterior building surfaces shall be sided with
non-reflective materials.
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45. To the satisfaction of the Washington Department of Transportation (WSDOT), the
following provisions must be followed:
a) WSDOT will only accept stormwater runoff from the project site that currently enters
the State Route 305 right-of-way. Any proposal by the applicant to discharge
stormwater runoff to the right-of-way either during construction or upon completion
will require appropriate stormwater treatment in accordance with the WSDOT
Highway Runoff Manual found at http://www.wsdot.wa.gov/eesc/design/hydraulics/.
If such discharge is proposed, a drainage plan must be reviewed and approved by
WSDOT prior to any earth disturbance.
b) No excavation, grading, filling, landscaping or any other activity associated with the
proposal may occur within state right-of-way without prior review and approval by
WSDOT.
c) No lighting from the site may be directed towards the state highway and no glare from
the completed project shall impact the state highway.
d) No signs may be placed in the highway right-of-way.
46. As most of the dining terrace is located within the building setback associated with the
wetland buffer, it must be constructed with a pervious surface (wood decking, pavers,
permeable concrete, etc.) to the satisfaction of planning staff.
Entered this 14th day of October 2008.
/s/ Margaret Klockars
__________________________
Margaret Klockars
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 his/her rights and
responsibilities relative to appeal.
The decision of the Hearing Examiner is the final decision of the City in this matter. A person with
standing may make appeal of this decision to the Kitsap County Superior Court. To be timely, a
petition for review must be filed within the 21-day appeal period [see RCW Ch. 36.70].
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