The URL can be used to link to this page

P.S. ENVIRONMENTAL CUP07-06-99Executive Department CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER AN APPLICATION FOR CONDITIONAL USE PERMIT. PUGET SOUND ENVIRONMENTAL LEARNING CENTER. APPLICANT: DANA WARREN CUP07-06-99-1 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION SUMMARY Paul and Deborah Brainerd, represented by Dana Warren, have filed an application for a Conditional Use Permit to build an Environmental Learning Center on 256 acres of undeveloped property owned by them on the south end of Bainbridge Island. The project site is generally bounded by Blakely Avenue and Old Mill Road. Approximately 20 acres of the site will be cleared to construct buildings, solar meadows, parking areas and other related improvements necessary for the operation of the Environmental Leaming Center. The majority of the development will be concentrated on the east side of Blakely Avenue near the Blakely Elementary School site. The Environmental Learning Center program will be primarily focused on education programs for fourth and fifth grade elementary students. The Center will also be used for a Middle and High School program, a school teachers in-service training program, multiple day summer programs for students in grades 5 through 12. Occasional overnight weekend adult/family programs are planned. In addition, on a limited number of days per year, the Environmental Learning Center will be made available for rental to environmental groups for meetings, conferences and seminars. Fourteen residences are included in the plan, to provide housing for participants and the Directors, staff and graduate students employed at the Center. The property will also be developed with an extensive network of outdoor learning structures, trails, boardwalks, and viewing blinds. Forest canopy walkways and a watershed lookout tower will be built. A Mitigated Determination ofNonsignificance (MDNS) was issued in October, 1999 and was not appealed. The Hearing Examiner approves this Conditional Use Permit application with conditions. FINDINGS OF FACT 1. The project site consists of approximately 256 acres of real property located on the south end of Bainbridge Island generally bounded by Blakely Avenue and Old Mill Road in the City of Bainbridge Island. The property is owned by Paul and Deborah Brainerd and is identified by tax account numbers 342502-3-056-2002; 032402-1-016-2003; 032402-2-003-2006; 032402-2-045- 2006; 032402-2-046-2005; 032402-2~047-2004; 032402-2-048-2003; 032402-1-017-2002; CUP074) 6 -99 - 1 Hearing Examiner Puget Sound Enviromnental Leaming Center Page -1- City of Bahbridge Island 032402-1-018-2001; 342502-4-061-2003; 032402-1-019-2000; 032402-1-020-2007; 342502-3- 055-2003; 032402-1-021-2006; 032402-4-009-2006. This project site consists of several parcels which are legally described in Attachment A. 2. This project site has a zoning designation of R-0.4 (Residential, 1-unit per 2.5 acres) and a Comprehensive Plan designation of OSR-0.4 (Open Space Residential 1-unit per 2.5 acres). Properties surrounding the project site are described as follows: North: Zoning R-0.4, Comp. Plan: OSR-0.4, Use: large lot residential, pasture lands and undeveloped land; East: Zoning R-0.4, Comp. Plan: OSR 0.4, Use: Blakely Cemetery, undeveloped land, residential; South: Zoning R-0.4, Comp. Plan: OSR 0.4, Use: undeveloped land, residential; West: Zoning R-1 and R-0.4, Comp. Plan: OSR-1, Use: Blakely Elementary School and residential. 4. This 256 acre site contains five different ecosystems and a complete watershed. There are three streams, five wetlands and a significant ravine on the property. The property terrain varies from a high point of approximately 305 feet above sea level, to a low point of about 30 feet above sea level. 5. The site contains a mix of soils which were identified in geotechnical studies done by Agra Earth and Environmental Inc., and Shannon and Wilson. The Site Plan proposes building placement and parking areas located on relatively flat areas of the site unde~ain with Kapowsin Gravelly Loam soils. 6. The property site can be accessed from two adjoining public streets, Blakely Avenue and Old Mill Road. In addition, the applicant has secured permission to use Birkland Road as a temporary access for logging operations necessary to clear portions of the site for building the Environmental Learning Center. 7. This project site will be serviced by a water system connected to the Island Utility Water System. A water availability letter has been provided (EXHIBIT 61). This letter indicates that the applicant has authorization for 25 connections to the Island Utility Public Water System. Sewage disposal will be provided through nine individual sewage systems. These sewage disposal systems will be both the conventional septic drainfield system and, if approved, also will include alternative environment friendly technologies. Composting toilets are proposed for use at several locations around the site where activities may take place at a distance from the Learning Center buildings. The project has a proposed stormwater system which consists of a creation ofwetlands, treatment detention basins, infiltration areas and which direct flows to off site drainage facilities. The plan proposes only 2% of the site will be covered by impervious surfaces at the completion of the project. It is anticipated that the Center's stormwater drainage needs will be minimal. The CUP07 -06-99 - 1 Hearing Examiner Puget Sound Envirmunental Learning Center Page -2- City of Bainbridge Island stormwater management facilities will be designed to, at a minimum, meet the level of environmental protection specified in the Washington State Department of Ecology Storm Water Management Manual for the Puget Sound Basin. A temporary Erosion/Sedimentation Control Plan will be filed as a part of the final design of the project. A detailed and complete Stormwater Management System Plan will be submitted to the Department of Public Works prior to the beginning of construction on the project. 9. This site will be provided police protection by the Bainbridge Island Police Department, and fire protection by the Bainbridge Island Fire District. Any school age children living on the premises as permanent residents will attend Bainbridge Island public schools. 10. The Comprehensive Plan designates about half of this project site as a Critical Areas Overlay District. This site contains five significant wetlands, including two rated as Category I, two rated as Category II, and one rated as a Category III wetland. The Critical Areas Ove~ay District is an area which may have limited development potential due to the environmental sensitivity of the parcel. This project recognizes the environmental sensitivity of the site, and seeks to use that feature of the site to provide a program for environmental learning. The proposed plan is designed to locate all buildings and improvements away from those environment sensitive wetlands, while at the same time building trails and outdoor learning structures near the wetlands to accommodate the environmental program and limit impacts to wetlands. l 1. This site is designated in the Comprehensive Plan as an Open Space Residential District. One of the goals of the Open Space Residential District is to preserve the character of the internal areas of the Island. This Learning Center project provides a unique opportunity to allow development of a large parcel at the extreme minimum for density in the zone. If these parcels were developed under their present zoning the residential lot density would allow a possible build out to 103 residential lots. Under this proposal no more than 20 acres of the 256 acre site will be used for Environmental Learning Center buildings, leaving 92% of the site undeveloped. This low density development is appropriate in an Open Space Residential District. 12. This project site contains many significant environmentally sensitive areas, including wetlands, a complete watershed and streams. Under the Comprehensive Plan (EN 1.2) properties adjoining or adjacent to critical areas must be developed in observance of the following principles: AvoM the impact if possible; Minimize or limit the degree of magnitude of the action and its implementation by using appropriate technology to avoM or reduce the impact; Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action; Rectify by repair, rehabilitation or restoration o fan affected environment,' Compensate for unavoidable impacts' by replacing, enhancing or providing substitute resources or environment; Reduce the potential of personal injury, loss' of life or property damage CUP07-06-99-1 Hearing Examiner Puget Sound Enviromnental Leaming Center Page -3- Cily of Bainbridge Island due to ~ooding, erosion, landslide, seismic events or soil subsidence; Protect against publicly financed expenditures to the mi~tse of critical areas' which cause: (1) tlnnecessary maintenance and replacement of public facilities, (2) public funding of mitigation for avoidable impacts, (3) public emergencies that were avoidable, and (4) degradation of the natural environment,' Utilize sensitive site destgn and siting of facilities and construction staging areas away from critical areas and their buffers; and Provide drainage- protective measures to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities and water quali.tv. The Environmental Learning Center proposal conforms to these requirements by designing a project which recognizes the high level of environmental sensitivity of the site. The following five concepts were used as guidelines for the proposed plan: "Wherever possible (1) the building should be resource efficient; (2) the building should reduce the impact on the site; (3) the building should reduce the impact of energy consumption on the environment; (4) the building should minimize materials harmful to human health or to the ecosystem; and (5) the Puget Sound Environmental Learning Center should be as self sufficient as possible." Using those design principles, the project has minimized the buildings' square footage and used simple structure designs. The site plan avoids adverse impacts to the ecosystems by locating the buildings, parking areas and roadways away from the wetlands. Some of the buildings use alternative energy systems such as solar power. The buildings are designed to increase their energy efficiency to reduce energy consumption. The materials selected for buildings at the site have been chosen based upon the environmental effects of their production. The operation of the Environmental Learning Center as planned will include an emphasis on food production, low water consumption, on site waste water treatment, waste control, reuse and recycling of materials and incorporating the building materials from the site into the construction of Learning Center structures. Experimental sewage disposal systems, such as the "Living Machine", have been proposed to treat waste water on the site. A plan is included to restore Mac' s Stream as nearly as possible to its natural condition and enhance the stream's capability to serve as a fish habitat. Minimal fencing will be used around the perimeter of the site to reduce the barriers to wildlife migration across the site. For the safety and security of program participants, some limited fencing will be used; however, trails and Learuing Center buildings will be screened from off-site residences and roadways by wide, thickly- vegetated buffers around the perimeter, and throughout the site. 13. One of the goals of the Comprehensive Plan is to preserve and enhance anadromous fish streams and adjacent land to ensure the propagation of salmonid fish. The applicant's proposal CUP07436-99-1 Hearing Examiner Puget Sound Enviromnental Learning Center Page -4- City of Bainb~dge Island Pu~lsl ~gP!.'qm. glt .Io ~!3 a;}m. mgx~l ~m..ie;,H -5- o~d ~oluoD i~mmt~aq I'sluoumo-xV-uH punoS lo~nd 1-66-90-L0dflD lsotu 'o~oJo~oql 'snq ,(q ol!s oql ol polaodsu~al oq ll!~x oq~x sluopnls looqos opu~i~ oAaos 11~ aoluo3 ~u]mnoq InlUOmUO~AUH oq& 'ouoz s~ql u] somoq 00I unql oaom ~011~ plno~ '~u~oz luosojd O1 lno 1Hnq J~ 'ol~s O~jgI s~l osanoo JO 'so3uop]soj AllroeJ albums ~ou L I Xq polmouo$ ~nj1 oql ol~m~xoJddn plno~ Dndm] ~nj1 s~q& 'm'd 00:9 ol 00: ~ moJJ oq ol pomnsss s~ p~IsI o~p~qu~g~ uo moq ~sod '~'d oq& 'sd~l Jnoq ~sod '~'d 8C pun XHnp ~LC Xlolnm$xoJddn olnJouo~ plno~ (~u~snoq ol~s uo pu~ sjol~s~A 'sJoolunloA ~gls 'oauojoJuo~ ~umoAo ue moJj sdpl ~u~pnlau9 Jolua3 8u~uj~oq ImuomoJ$AuH posodojd oql In X~p ~god V 'sd~l Jnoq ~od '~'d 8C pun 'XHnp 89I Xlolnm~o~ddn olmouo~ plno~ (~u~snoq ol$s uo pun sjol[s~A 'sJomunloA 1~ Xep o~aoa~ ~ 'm~J~ojd Joluo3 ~u~oq i~luo~oj~AuH oql Xq pol~jouo~ oql olpu~q ol uo~Dmlsuo~ pu~ oz~s ol~nbopn Jo ojs sp~oJ osoql 's[sXlg~ 3~m& 'P~IsI oSP~qu~sfJo X1D oql u~ loojls JolaolIoa ~ pol~u$[sop uooq s~q q~q~ p~o~ ll~ PlO Xq lsno oql uo pu. 'l~oUn ~npuoaos ~ sn pol~u~sop uooq snq qo~q~ onuoAV Xlo]n18 Xq qmos pu~ lso~ oql uo poJopjoq s[ oils Joluo3 ~u]msoq imuomuoj[Aua oq& 'uo[ln~odo 11~ ~ Joluo3 $uSoq inluoaoJ~AuH oql mojj poDodxo pu~mop ~u~sd pun s~dm~ gI~I~) 666[ ',~I JoqoloO pus (gfjl~I~3) 6661 ',8~ ounf polyp npu~jomo~ JoH 'joluo3 ~u~oq [nluomoj~AuH punoS lo~nd oql Jo JI~qoq uo 'uo~lE~odsugJ& uoj~oH Jo "H 'd ueA ~n~q Kq ouop se~ s~sXls~ pu~mop 8u~jed ~uod pue s[sKleue uognjouo~ · ol!s Dofo~d oql Jo out. I Xlaodojd qlaou oql ~uoI~ ,(l!o oql ol polkaSpop oq osl~ I[[~ luomoseo l~ell V '3$1qnd oqlJo JoDos p~ojq ol oo~ds uodo sl[ pus ol~s oql ol sso~o~ ~u~p~AoJd u[ u~ld oA[suoqoJdmo3 oql jo slno~ oql loom 1I~ pun oouopodxo ~u~ujeoI Jmuo3 ~u~uJ~oq lmuomuoj~Au~ oql jo ~oluoo oql ol ssoaan u~lsopod 'sHell ao~olu[ oql ol sso3ae aUqnd pol3~also~un Aq p~s~moadmoo ~q lq~m q0~ smel~ojd loluo3 8umjeoq I~lU0mUOJSAUH 0ql ~u[puolln u0jpHqo Jo AloJes oql loJ suloouoo sloogoj pue 'ol~s oql uo smalsAs rascals pun pu~llo~ ~Ag~su~s oql Doload ol poou ~ql s~z~u~oa~a sl~eal Jo~J~lu~ jo ash ~ql uo uogm~m~l ~ql pu~ molsXs Heal Jolom~a~d s~q& '(E9 2IgI~3) ueld oA~su0q0admo3 1o~ls~ UO~I~0jOOM pus s~and punlsI ~$p~aqu~nfl ~ql u~ unld D~ls~ uog~oj~o~ pun s~Jsd o~p~qu~ oq& '~oluo3 ~u~m~oq lmuo~uoj~AuH oql Jo uo~ssaJod ql~ aHqnd oqlJo sjaqmomjo Joqmnu pol~m$l ~ ol pus smndp~Bed mej~oJd ol olq~ssoaas oq [[[~ qa~q~ 'mnjSojd ~u]m. oq lnluomuoj~AuH oql Xq osn JoJ sHnJ1 Jo~Jolu~ jo molsXs. 'Alpuo~oS · ol~s loo[oJd oqlJo ouH XBodoJd ls~o oql ~uo[n la~jls[O uogso~oM pug s~jgd puglsl Xq pou~glu~m pun lus~HddV oql Xq 1Hnq oq plno~ qa[q~ HnJ1 oHqnd J~ou ~o uo sl]gj1Jo sodX1 o~Jo 3uamdoloAop oql ~u[sodojd s~ luga[[ddn oql ol ~u~I qo~ sX~qlsd ~aujo uo~lgo~a oq~ pug 'sX~qlnd ol.A]Jd Jo ie~oJu[ ~ugs~xo Jo uo~luoloJ oM1 oSE~noouo oql s~ (P'C~O) unld °A[su°q°Jdm°3 oqlJo sl~o~ oqlJo ouO '~I day traffic generated by the project will be from staff. The evening programs for environmental groups will generate more traffic than the 4th and 5th Grade program, however, that traffic will occur in the evening when the use of the surrounding roadways is less. It was Ms~ Van Dyke's professional opinion, that the addition of the proposed Environmental Learning Center traffic would not deteriorate the Level of Service on Blakely Avenue NE or on any nearby intersections. Access to the Director's residences would be offOld Mill Road. Most traffc would be entering the site off Blakely Avenue through the Learning Center gate house entrance and parking near the Interpretive Center and Dining Hall. The parking demand for the Environmental Learning Center area was also analyzed by Ms. Van Dyke. An average day was assumed to include the 4m and 5m Grade program, one naturalist guided tour and a full staff on site; the peak parking demand was estimated to be 39 parking spaces for the average day. A peak day however, which was assumed to include an evening meeting, three naturalist guided tours and a full staff on site, would create a peak parking demand of 88 parking spaces. In addition, all staff and graduate students were assumed-to have a maximum of one vehicle each to generate a peak parking demand of 22 spaces. The site plan calls for 29 on site parking spaces in the staff housing area which would leave approximately 7 spaces available for visitors. This parking analysis was reviewed by Ross Hathaway of the City Engineer's office and it was his conclusion that Ms. Van Duke's estimates were inadequate to meet the need for peak day use of the facility. The City Engineer recommended that the Center provide parking for a minimum of 138 vehicles, in addition to service and supply vehicles. (See EXHIBIT 25). The City Engineer also determined that the roadways leading to and fronting the Environmental Learning Center property are not currently up to City standards and are not adequate to accommodate the additional traffic generated by the Environmental Learning Center. A major concern was that the shoulders are not built to City standards for bicycle and pedestrian use. Since the Environmental Learning Center is in close proximity to Blakely Elementary School, it can be anticipated that Blakely Avenue in front of the Environmental Learning Center will be used as a pedestrian access for students going to and from school. In addition, Environmental Learning Center policies encourage the use of alternative transportation (including bicycles) by staff members and visitors to the site. Since the Environmental Learning Center program will serve large numbers of school children in multi-day programs, the traffic generated will include a large number of delivery vehicles for supplies to the Center, and buses for transportation of students to and from the facility. These impacts, in the opinion of the City Engineer, require frontage improvements on Blakely Avenue. A condition was included in the MDNS requiring road improvements along the Blakely Avenue frontage meeting the City's design and construction standards for secondary arterials. The City Engineer has also recommended that the Environmental Learning Center provide for a separated bicycle lane and pedestrian path as recommended in the Comprehensive Plan Transportation Element. Ms. Van Dyke studied the need for a left turn storage lane on Blakely Avenue to accommodate traffic turning into the Environmental Learning Center site. It was her conclusion CUP07-06-99-1 Hearing Examiner Puget Sound Environmental Learning Center Page -6- City of Bainbridge Island that minimum site distances are met at the proposed main access driveway and a left turn storage lane is not needed on Blakely Avenue at the main access driveway. 15. The Environmental Learning Center program emphasizes observations and hands-on outdoor activities. For this purpose, an elaborate network of trails and boardwalks have been proposed and outdoor learning shelters will be built throughout the site. A request has been made to increase the height for structures on the property beyond the 30 foot limitation. The applicant is proposing a "lookout tower" for observation of the watershed and an elevated walkway to view the forest canopy. Those structures are located on the south end of the parcel near Blakely Avenue and Birkland Road. A suspension bridge is also proposed to be built at a height greater than30feet. EXHIBIT 59 was submitted showing the site sections for the lookout tower site. These site sections and additional testimony given at the hearing clearly show that the watershed observation tower and forest canopy structure would not be visible from locations off-site. The lookout towers must be greater than 30 feet in height so that students at the Learning Center could observe the complete watershed down to Blakely Harbor. It is important that residents on other parcels on the perimeter of the site have their privacy protected, therefore, Planning Staff has recommended that the elevated shelters or walkways, exceeding 30 feet in height, not be visible from the adjoining residential lots, and be situated and shielded in a manner which mitigates the sense of loss of privacy to adjoining property owners. 16. The applicant has requested an increase in maximum building height on the property to 35 feet. This request is based on a building design which maximizes efficiency for the solar energy panels system on the roofs. This use of alternative energy helps meet the goals of the Comprehensive Plan. The increase in building height to 35 feet will allow reduced lot coverage, thus reducing the amount of impervious surface added to the site. The height of the offices, Interpretive Center and lodges would be increased to 35 feet to accommodate a roof design with solar panels. These buildings are located on the interior of the property and will not be visible from surrounding properties. 17. The applicant retained the finn of Raedeke Associates, Inc. to do a wetland, plant and animal community assessment of the site. (EXHIBIT38). The purpose of the report is to provide baseline data for use in site planning; to evaluate probable impacts of the development on existing plant and animal communities, and to discuss mitigation measures to avoid, reduce or compensate for those impacts. The study concluded that no adverse impacts are anticipated to any Federal Dr State listed endangered or threatened plant or animal species. They attributed this finding to the limited use of the site by these species and the retention of large portions of the site as open space. According to the study, no animal species would likely be lost from the site as a result of the development. Overall impacts to wildlife should be minimal due to the retention of 92% of the site in natural open space including all sensitive areas and habitat corridors identified by the City and by the Raedeke Associates Inventory. The Raedeke Associates' report concludes that the proposed site plan was designed to generally avoid or reduce impacts from the development to sensitive areas such as wetlands and their buffers by incorporating design features that would minimize or limit those impacts, including: CUP07-06-99-1 Hearing Examiner Puget Sound Envirotwnental Learning Center Page -7- City of Bainbridge Island clustering of development in areas least sensitive to development; no direct impacts to wetlands from filling or other development activities; wetland impacts will be limited to construction of educational access and viewing facilities which are consistent with the City's code provisions; limiting proposed buffer encroachments to the minimum necessary to provide required facilities; providing wetland and stream buffi~rs consistent with the City of Bainbridge Island requirements; clearly marking the limits ofwetland buffers and setbacks prior to construction activities to prevent inadvertent or unnecessary encroachment; installation and maintenance of temporary and permanent soil erosion control measures during and after construction consistent with best management practices as required by the City of Bainbridge Island, to limit the potential for sediment deposition or erosion into wetlands and their buffers bordering the development; and construction of trails and access features on existing forest logging roads to the extent possible. The report concludes that the current site plan would not require wetland mitigation. The Raedeke report also discussed the encroachment by the Learning Studio building upon a portion of the required 50 foot wide buffer for Wetland 21. A buffer averaging request has been filed by the applicant. The Raedeke report states that the clearing around the Learning Studio and proposed greenhouse would intrude into the outermost portion of the Wetland 21 buffer along the west side of the wetland. The Learning Studio building itself would encroach only 1.5 feet into the buffer, and the greenhouse building would not encroach into the buffer; however, the required vegetative clearing encroaches a total area of 1,334 square feet and extending no more than 23 feet into the buffer on the western edge of the wetland. The Environmental Learning Center has proposed to extend the buffer on the southern edge of the wetland to a width of 75 feet as a replacement buffer area to mitigate for the intrusion along the western edge. It is Mr. Raedeke's opinion that the proposed buffer width averaging will not result in a decrease to the functions and values of Wetland 21 since more than 50% of the required buffer width would be maintained around the entire wetland. (See E,WtlBIT55). 18. Tamara Hathaway, a neighbor on Blakely Avenue, expressed concerns about traffic along Blakely Avenue and the lack of pedestrian and bicycle lanes. She also expressed concern about adequate parking being available on the Environmental Learning Center site so that no overflow parking would be allowed along Blakely Avenue. She was concerned about lighting glare being contained on the site. In response to Ms. Hathaway's concerns, Dana Warren testified that the applicant would be making 600 feet of frontage improvements along Blakely Avenue, including a thickened road edge extension of 5 feet of asphalt for a bicycle lane and another 3 foot gravel shoulder to provide bike and pedestrian lanes off the traveled portion of the roadway. On-site lighting would be hooded and shielded to prevent lighting spillover beyond the property line. All CUP07 -06-99 - 1 Hearing Examiner Puget Sound Envirorm~entaL Leaming Center Page -8- City of Bainbridge Island parking lot lighting fixtures have a required maximum height of 20 feet, however, under the present site plan, no parking lot lighting is designated. 19. The site plan calls for installation of bicycle racks to accommodate the parking of 36 bicycles as is required by BIMC. It is the policy of the Environmental Learning Center to encourage alternative transportation uses to reduce the number of vehicles visiting the site. 20. The site plan describes native vegetation buffers ranging in depth from 50 feet along the rear property line of Blakely Elementary School, to over 300 feet in depth along Old Mill Road. The typical buffer width of the site is at least 100 feet for the Educational Center and the naturalist area. These buffer areas provide the screening required along adjoining rights-of-way and residential parcels. Ninety-two percent of the 256 acre site will not be disturbed. The significant trees within those perimeter landscape areas, critical areas and the critical areas buffers exceed the significant tree retention requirement of the BIMC. A substantial amount of native vegetation is going to be retained in the areas adjoining the parking lot providing native- landscaping to the parking lot in compliance with the BIMC All of the parking lots will be separated by existing vegetative buffers that are at least 50 feet wide. None of the parking areas are located within the required yard setback. The applicant is proposing an extensive network of pedestrian walkways and trails throughout the parking lots and the Learning Center complex. These internal walkways are to be covered with crushed rock. The Staff questioned the suitability of this material to meet the accessibility requirements of the provisions of Americans with Disabilities Act. Planning Staff recommends a condition requiring the applicant verify the suitability of this material for internal walkways prior to the Building Permit issuance. 21. The allowable lot coverage in the R-0.4 zone is 10% and educational uses permitted under Conditional Use Permit are limited to 5% lot coverage. In this proposal less than 1% of the 256 acre site will be covered by buildings. This clearly complies with the lot coverage limitations of the BIMC. 22. In an effort to reduce the amount of impervious surface developed on the site, the applicant has proposed using gravel as well as asphalt driveways at the site. The substitution of gravel driveways for asphalt must be approved by the City Engineer prior to construction. 23. A fencing plan was submitted as a part of the original application and is included in EXHIBIT 38. Several types of fencing will be used at the site including chain link fence, wood fence and agricultural fencing to provide security for a portion of the premises. A majority of the site, however, will remain unfenced to accommodate wildlife migration. 24. Trails, boardwalks and viewing platforms, bridge crossings and a ~uvarium are to be built within the buffer areas around the wetlands to assist in the learning program. These uses are permitted near wetlands and streams under BIMC 16.20.090. The definition of scientific educational activities was modified by Ordinance No. 99-22 which states as follows: Scientific or education activities" means controlled and/or supervised scientific C UP07-06 -99-1 Hearing Examiner Puget Sound Environmental Learning Center Page -9- City of Bahbridge Island activities or education activities that are associated with an educational program that is approved through a (7onditional Use Permit. These activities must be directly related to the affected wetland and/or stream and related buffers and may include the viewi,g and sampling of natural systems. These activities may also include physical structures (such as pervious trails', benches, permanent wildlife watching blinds, boardwalks or viewing platforms, etc.) or minor modifications' to wetlands. streams or other critical areas and their buffers. Any physical structures or minor modifications are subject to city approval to minimize the impacts of human intrusion on the functions and values of critical areas and their buffers according to the following criteria: minimize the footprint of structures and the number of access points to any particular critical area; minimize the amount Of clearing and grading; elevate structures where possible; avoid impacting the flow of water; use appropriate building materials'; minimize the impacts of construction. 25. B1MC 16.20.080 requires that development be directed away from erosion hazard areas, landslide hazard areas and seismic hazard areas. There are geologically hazardous areas located on this site, however, the site plan locates all buildings away from regulated their required 50 foot buffers, thus complying with this section of the Critical Areas Ordinance. One exception is a suspension bridge which is proposed over the ravine on the property. Prior to construction of a suspension bridge at that location a detailed geotechnical review will be required. 26. A hazard tree assessment has been prepared for the Environmental Learning Center by Molly M. Beck of Northwest Arborvitae, Inc., and is included in the record as EXHIBIT 53. This hazardous tree assessment was limited to an evaluation of those trees that could potentially pose a hazard to the school play field at Blakely Elementary School or to Blakely Avenue. Her findings and recommendations are included in her report. 27. Subsequent to filing of the application for Conditional Use Permit, the Puget Sound Environmental Learning Center received a cultural resource assessment report by Larson Anthropological Archaeological Services Limited. (EXHIBIT57). The report indicates that no hunter/fisher/gatherer archaeological resources or traditional properties were identified within areas proposed for initial development within the Puget Sound Environmental Learning Center project area. No traditional cultural properties were identified by the Suquamish Tribe. One historic site, the Port Blakely to Port Madison County Road Segment was identified in the Cemetery Upland Project area. A previously recorded shell midden is located on the property; it is outside the Phase I building project areas. Mac's Dam is another historic feature previously identified on the property which is outside the building area. Repairs will be made to Mac's Dam and the dam will remain in place on the property. 28. Notice of the Public Hearing before the Hearing Examiner was published in the Bainbridge Review on December 22na, 1999, and December 29, 1999. Notice of the Public Hearing was mailed to properties within 300' of the subject property on December 17~, 1999. In addition, c,2UP07-06-99-1 Hearing Examiner Puget Sound Environmental Leaming Cen|er Page - 10- City of Bainbridge Island notice was placed at the city's designated Public Notice sites and posted at the subject property on December 22, 1999. CONCLUSIONS OF LAW l. Paul and Deborah Brainerd are the legal owners of the 256 acre Environmental Learning Center site. 2. Adequate legal notice was given of the public hearings in this matter and this matter is properly before the Hearing Examiner for decision. 3. This application must comply with the provisions of BIlvlC 16.20.080. There are geologically hazardous areas on the site. A preliminary geotechnical report has been submitted by Agra Earth and Environmental Inc. The site plan locates all buildings away from regulated slopes and the required 50 feet buffers to comply with BLMC 16.20.080. The site plan also proposes building a suspension bridge over Mac's Stream in an area of steep slopes. Before construction of the suspension bridge, the applicant must conduct a detailed geotechnical study of the specific site proposed for the bridge and submit engineering plans to the City Engineer for approval. 4. BIMC 16.20.090, (F)(G) and (H) specifically apply to this project since there are both wetlands and streams on the property. BIMC 16.20.090.(F), has been modified by Ordinance No. 99-22 which expands the definition for scientific or educational activities in BEVIC 16.20.020 (Finding of Fact 24). The applicant has proposed a system of trails and outdoor leaming structures which limit the number of access points to the various wetlands and streams located on the property and minimize the mount of clearing and grading necessary to build at those locations. Through the use of bridges, boardwalks and pervious trails, the site design minimizes the adverse impact to those sensitive areas. Design principles for this project included identification of the environmental effects of building materials used on the property and the efficient use of building materials, including the use of trees cut on the property. The project design delineates appropriate setbacks and buffers for the wetlands and the applicant has made a request for buffer averaging for the small encroachment into the buffer on Wetland 21. The applicant has provided the information required by BIMC 16.20.090.(H) for meeting the buffer width averaging modification criteria in a letter from Raedeke Associates (EXHIBIT55). The buffer width averaging request should be allowed. The project as described in the application would meet the requirements ofBIIVIC 16.20.090.(F)(G) and (H). 5. This site is zoned R-0.4. Zoning requirements are codified in BIMC 18.36. This is an application to build educational facilities on the site. Educational facilities are conditional uses allowed in the 11.-0.4 zone under BI/vlC 18.36.030. CUP07-06-99-1 Hearing Examiner I?uget Sound Environmental Leaming Center Page - 11 - City of Bainbrldge Island B1MC 18.36.050 limits the maximum lot area covered by buildings to 10%, however, an educational facility under a Conditional Use Permit is entitled to only 50% of that maximum lot coverage. This project complies with BIMC 18.36.050, since less than 1% of the lot will be covered by buildings. BIMC 18.36.060 defines the yards requirements in this zone. The minimum from yard permitted is 25 feet. In this project, the closest building to any public street will be the gate house at the entry to the property on Blakely Avenue. The site design locates the gate house in compliance with the front yard requirement. In addition, side yards are permitted at a minimum of 15 feet. The closest building to the side property line will be the central maintenance building which will be at least 110 feet from the property line shared with the Blakely Elementary School. A 25 foot minimum rear yard is permitted. Due to the configuration of this project site, the site has no rear yards. BIMC 18.36.070 de~nes the height limitations for buildings in this zone. Buildingheight is limited to 30 feet except where a Conditional Use Permit allows buildings up to 35 feet when, in addition to the requirements of Chapter 18.108, it is demonstrated that: "(1) view opportunities are not substantially reduced,' (2) fire flow is adequate; (3) no unstable slopes or soils' are on the building site; and (4) solar access of neighboring lots is not reduced" The applicant has requested a maximum building height of 35 feet. Except for the gate house, the Directors' residences and a small part of the educational core adjacent to the upper Blakely Elementary School playgrounds, the buildings will be separated from adjoining roads and parcels by at least 100 feet offorested buffer. The applicant is required to provide proof of adequate fire flow prior to construction. The buildings have been sited on the relatively flat portions of the property and will not be visible from surrounding properties. The buildings have been located in areas of the site where the geotechnical report and the engineering report indicate there are no unstable slopes or soils. Criteria 1 through 4 are met and the applicant's request to increase the building height for buildings in this project to 35 feet (site plan dated December 7, 1999) should be granted. BIMC 18.36.070 also lists the criteria for structure height at the site. The structure height is limited to a maximum of 30 feet except when allowed by Conditional Use Permit. In order to extend the height of structures on the site greater than 30 feet, the applicant must show: "(1) that view opportunities are not substantially reduced,' (2) the structures shall not be permitted in required yards, except as otherwise authorized by this Code; (3) each yard requirement shah be increased by ~ foot for every foot above maximum structure height, and (4) .specified antenna flag pole& utili(g poles and existing utility structures shall not require a ( 7onditional Use Permit." The applicant is proposing lookouts, elevated walkways and a suspension bridge which may range in height between 50 and 100 feet. The Staff has recommended a condition be attached to this project to satisfy the criteria for additional height: ~'To increase compatibility between the Environmental Learning Center and the adjoining residential parcels, all structures, outdoor group activity areas, and permanent internal roadways (except emergency access drives) shall be located at least 150 feet away from the nearest perimeter property line, except where the property line abuts a public road or Blakely Elementary C tIP07 -06 -99- I Hearing Examiner t'uget Sound Environmental Learning Center Page - 12- City of Bainbridge Island School. Additionally, to the satisfaction of Planning Staff, elevated shelters or walkways exceeding 30 feet in height shall either not be visible from the adjoining residential lots, or shall be situated and shielded in a manner which mitigates the sense of loss of privacy to adjoining property owners." The applicant has shown the approximate location of the lookouts, elevated walkways and suspension bridge on the site plan. Site sections (EXttlBIT59) show it is unlikely that the watershed lookout tower or forest canopy elevated walkway could be seen from properties off the project site. The suspension bridge is located over the ravine and cannot be viewed offsite. The structures do not obstruct view opportunities. None of the structures is to be located in a yard setback. Yard setbacks are wide enough to comply with criteria (3). The site plan satisfies criteria 1 through 3, allowing an increase in structure height above 30 feet for the lookout tower and forest canopy walkway and suspension bridge. Compliance with these conditions must be verified when final siting is established for these strucutres. Criterion 4 in this section does not apply to this project. The applicants' request for an increase in structure height should be granted subject to approval by the Planning and Building Departments when final engineering plans are submitted for the construction of the lookout tower and forest canopy elevated walkway and suspension bridge. This project is also subject to the requirements of BIMC 18.81. 18.81.020 (B). The applicant has submitted a site plan showing 108 parking spaces and a designated area capable of development into 30 additional reserved spaces. Ross Hathaway of the Public Works Department, by Memorandum dated September 21, 1999, required a minimum of 138 vehicle parking spaces at the site, since there is no opportunity for overflow parking onto adjacent streets or at nearby facilities (see EXHIBIT25). The applicant's site plan meets this requirement. 18.81.020 (D). The applicant has requested that the parking lots at the center be gravel rather than asphalt. Since the parking lots designated at the site appear to have slopes less than 5%, gravel would be allowed. A request has also been made for driveways at the site to be gravel rather than asphalt. While the City Engineer may allow alternative driveway and parking areas surfaces under BIMC 18. 108.040.(C)(1)(h), the engineering calculations provided for the project are inadequate to determine whether or not gravel driveways are appropriate. Prior to construction the applicant must provide, to the City Engineer, detailed engineering calculations to support their request for gravel driveways. This request must have the Engineer's signed approval prior to construction. 18.81.020 (E). This project site is composed of 12 lots. During the development of this project some of the interior lot lines will be eliminated. The site plan shows only three driveways from the site to public roads, two from Blakely Avenue and one from Old Mill Road. This site is 256 acres in size and three driveways clearly meets the intent of this provision. C UP07 -06-99 - 1 Hearing Examiner Puget Sound Envirotunental Learning Center Page - 13 - City of Bainbridge Island 18.81.020 (F). The access driveways as shown on the site plan contain turnaround areas which will preclude the need to back out onto the public right-of-way. 18.81.030 (M). The applicant has provided a traffic generation analysis report by Laura Van Dyke, P. E.,ofHeffron Transportation. This report analyzes the parking space requirements for the Environmental Learning Center to accommodate peak use of the center. According to information provided by Ms. Van Dyke and the review of that traffic analysis by the City Engineer's office, the proposed 108 parking spaces, supplemented by 30 reserved spaces on the site, will fulfill the parking needs of the Environmental Learning Center during its peak use. 18.81.050 (B). The site plan locates parking areas at the Environmental Learning Center in three development areas: the Educational Center, the Naturalist Area, and the Directors' residences. In each of these areas the parking is located between the buildings and the street. Parking is, however, shielded from view by dense vegetation which will be retained. This design meets the intent of 18.81.050 (B) since it will not be visible from the public right-of-way. 18.81.070. The parking lots included in the project must comply with the design standards set forth in this Code section. Precise measurements of the spaces and backup area and other design standards will be verified during the plan check review prior to construction. 18.81.080 (B). The applicant has not proposed any curbed landscaped islands to define their entrance from the public right-of-way, or to define ends of parking isles or indicate a pattern of circulation. To be consistent with the naturalist design of the Environmental Learning Center such curbed landscaped islands would not be appropriate. The extensive retention of native vegetation around the parking areas defines the driving corridors. Final approval of the parking design and drainage will be required from the Public Works Department. Curbing should not be required unless warranted by drainage concerns. The site design proposed by the applicant complies with the intent of this Section. 18.81.080 (C). The site plan shows that the applicant will build an extensive network of pedestrian walkways and trails throughout the parking lot areas and throughout the Environmental Learning Center complex. This satisfies the intent of this subsection. 18.81.080 (D). The applicant has proposed to build the internal walkways at the site with a crushed rock surface. This crushed rock surfare, while consistent with the natural and environment sensitive design at the Environmental Learning Center, may not meet the accessibility requirements of the Americans with Disabilities Act (ADA) provisions. Prior to building permit issuance the applicant must verify in writing that the material proposed for surfacing these internal walkways does comply with the ADA provisions, or substitute an accepted alternative surface material. Once again, due to the overall site design for this project with the use of meandering trails throughout the complex, curbing above grade will not be required unless the City Engineer requires curbing at certain locations throughout the property to assure pedestrian safety or because of drainage. CUP07-06-99-1 Hearing Examiner Puget Sound Enviroranental Learning Center Page - 14- City of Bainbridge Island 18 81.100 (A). This site plan meets the requirements of this Code section since none of the parking areas are located within required yard setbacks. 18.81.120. The site plan shows that all parking lots on the site will be separated from side yards by existing vegetated buffers that are at least 50 feet wide. These buffers will provide screening in excess of that required by the City' s Landscape Ordinance (BIMC 18.85). 18.81.130. The site plan does not show any parking lot lighting. Condition 12 which has been recommended by the Planning Department sets height maximums and shielding requirements for any lighting that may be required on the driveways or parking lot areas. If parking lot lighting is subsequently planned it must comply with the requirements of this section. § 18.81. 140. The Environmental Learning Center is required to provide bicycle racks to accommodate the parking of 36 bicycles at the site. The anticipated bicycle parking demands associated with the Environmental Learning Center have not been determined, however; staff will be encouraged to use alternatives to motor vehicle transportation. 7. The applicant will be required to comply with the provisions of BIMC 18.85. 18.85.060. The site design shows a minimum 50 foot native vegetation buffer along the perimeter landscape areas. This native vegetation buffer will retain all significant trees and tree stands located in those buffer areas. This complies with this section. Approximately 92% of the 256 acre site will not be developed, therefore the proposal will substantially exceed the significant tree retention requirements. 18.85.070 (A) and (C). The applicants' site plan shows native vegetative buffers ranging in depth from 50 feet along the rear of Blakely Elementary School to over 300 feet along Old Mill Road. The typical buffer width for the project appears to be at least 100 feet for the Educational Center in the naturalist area. These buffers provide screening required by this Code provision. t8.85.070 (E)(1)(b)(ii). This parking area has been designed to incorporate the dense native vegetation located on the site. The design emphasizes a minimum mount of site disturbance and retention of the maximum amount of trees and native vegetation, thus satisfying the intent of this parking lot landscaping provision as interpreted at this site. 8. This project must also comply with the provisions of BIMC 18.108, the Conditional Use Permit procedures. This application has been processed using the regular Conditional Use procedures outlined in 18.108.020 (D). The Hearing Examiner has conducted public hearings on this project and must apply the decision criteria included in 18.108.040. 18.108.040 sets forth the decision criteria under which a Conditional Use Permit application may be approved or approved with modifications. The applicant must comply with each of these criteria to gain approval of the project under a Conditional Use Permit. CUP07-06-99- I Hearing Examiner Puget Sound Environmental Learning Center Page - 15- City of Bahbridge Island 18. 108.040 requires: A. A conditional use may be approved or approved with modification if.' ]. 7he 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 Z All necessary measures have been taken to eliminate the impacts that the proposed use may have on the surrounding area. B. A conditional use may be approved with conditions. If no reasonable conditions can be imposed that ensure the application meets the decision criteria of this chapter, then the application shall be denied" 18.108.040 (A)( 1 ). The applicant proposes to build an Environmental Learning Center on this 256 acre site. The Environmental Learning Center is designed so that it will have a minimal impact on surrounding properties. Extensive perimeter vegetation buffers have been retained to screen the Environmental Learning Center from surrounding uses, both to maintain the predevelopment forested vistas enjoyed by surrounding property and owners, and to provide screening for program participants to maintain a natural environment on the site to enhance the learning program. The property has been carefully designed by architects, wetland biologists, engineers and other environmental consultants to determine where the center's buildings, trails and educational structures could be located with the least impact on the ecosystems located on the property. Site features such as Mac's Pond, Mac's Stream, the five wetlands, the ravine and other sit9 influences together with information gamered from those studies was used to design an appropriate facility at this site. Copies of the environmental studies done in preparation for this project have been included in the record. This educational facility is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of the development in the immediate vicinity, and the physical characteristics of the property. 18.108.040 (A)(2). The site is bordered on the west and south by Blakely Avenue, a secondary arterial; and on the northeast by Old Mill Road, a collector street. A traffic analysis has been submitted by the applicant which concludes that the traffic generated by this project will not CUP07~06-99-1 Hearing Examher Puget Sound Enviromnental Learning Center Page - 16- City of Bahbridge Island change the Level of Service presently available on Blakely Avenue or Old Mill Road. The applicant has agreed to make 600 feet of frontage improvements along Blakely Avenue to improve bicycle and pedestrian access along that road. The site specific improvements have been included in the conditions recommended for this project and will ensure that the proposal will be served by adequate public roads. The applicant filed a water availability letter from Island Utility. Island Utility will be supplying water to the site to cover needs for both potable water and for fire flow. The applicants have arranged for 25 connections to the Island Utility public water system; these connections should be adequate to meet the needs of the project as proposed. Prior to building permit issuance the applicant must provide a water system design which shows the amount of water available to the site and a verities that the water pressure is adequate to meet the minimum required fire flows for the commercial construction on the site, The Environmental Learning Center's sewage will be handled by a combination of conventional septic drain field systems and alternative environment friendly technologies. Composting toilets are to be located at several locations throughout the site where learning activities will be conducted away from the education center or student lodges. The alternative sewage disposal technologies must be approved by Bremerton Kitsap County Health District. The applicant has received a preliminary approval for the nine septic systems proposed at the site. This approval has been given by the Bremerton Kitsap County Health District, however, final approval of any alternative systems has not yet been given. All septic systems and alternative systems will be subject to regulatory approval by the Bremenon Kitsap County Health District. This approval must be verified before building permit issuance. The Environmental Learning Center's storm drainage needs are minimal, since only 2% of the site will be covered by impervious surfaces at the completion of the project. The proposed storm water system, which has been described in the application, consists of a creation of wetlands, treatment detention basins, infiltration areas and directed flow to existing off-site drainage facilities. This storm water system will be subject to the approval of the City Engineer's Department and the requirements of B IMC 15.20 and l 5.21. BIMC 18.108.040 (A)(3). This proposal is for a site which has been zoned R-0.4 (1 residence per 2.5 acres). If this property were developed to its maximum residential density there would be far greater impacts on property in the immediate vicinity. This project is a relatively low intensity development, which has been developed in an environment sensitive manner to protect the ecosystems on the site. The project is designed with wide vegetation buffers around the perimeter to screen the Environmental Learning Center from surrounding properties, to maintain both the privacy for surrounding property uses and maintain the integrity of the project site as a natural environment learning facility. The project has been developed with only three driveway access points and adequate parking has been provided on site. Limited outdoor lighting has been proposed for the project~ and lighting will be shielded to prevent lighting spillover to surrounding property. The use of this property for an Environmental Learning Center will not be materially C UP07 -06-99 - 1 Hearing Examine r Puget Sound Environmental Learning Center Page - [ 7- City of Bahbridge Island detrimental to the uses of property in the immediate vicinity of this site. 18.108.040 (A)(4). The project as proposed meets the intent of the provisions of the Comprehensive Plan. It is consistent with the OSR designation for the property and provides protections for critical areas and wildlife habitat recommended in the Comprehensive Plan. This is an environment sensitive project, which has included extensive studies to assess the environmental sensitivities of ecosystems located on this unique site. The project has been planned to accommodate those special features and minimize the impacts to those ecosystems, as is required by the Comprehensive Plan. 18.108.040 (A)(5). An extensive review of the proposal by both the applicant's consultants and the Planning Department demonstrates that the proposal complies with the applicable provisions of BIMC 16.20, 18.36, 18.81, and 18.85. Conditions have been imposed on the project to assure compliance with BIMC 15.20 and 15.21. A review of the project and the conditions recommended by the Planning Department show that this project, when developed, will comply with all provisions of the Bainbridge Island Municipal Code. 18. 108.040 (A)(6). This project will not adversely affect the Blakely Avenue/Old Mill Road neighborhoods. The neighborhoods will be screened by large naturally vegetated perimeter buffers from activities at the Environmental Learning Center. This low intensity development significantly reduces the development density for this site, thus minimizing the impact on public roadways, drainage facilities and other public infrastructure systems in the area. While this property is being developed for a commercial project, it is a service business which will provide a public service through environmental learning programs. The design of the project on the interior of the property will preserve the predominantly residential nature of the neighborhood. 18. 108.040 (A)(7). This project has been designed to minimize the impact on the environment sensitive areas on the site. The applicant has agreed to make road frontage improvements along Blakely Avenue to improve bicycle and pedestrian safety along the right-of way where it adjoins the project site. Stormwater drainage facility improvements have also been planned at the site, and off-site improvements such as the replacement of the culvert under Blakely Avenue will help accommodate and eliminate any increased impacts the project may have on drainage facilities off-site. The project has been designed to retain 92% of the site in its natural state, and vegetation buffers, especially near Blakely Elementary School, will be enhanced to provide additional screening from learning center facilities. The concerns of neighbors about privacy issues concerning the watershed lookout tower and forest canopy elevated walkway have been addressed by the applicant through the site section studies and an agreement to design the structures to ensure privacy of surrounding properties. The site plan,. as proposed and conditioned, will reduce and eliminate the impacts the newly proposed use may have on the surrounding area. 18. 108.040 (C)(1)(a). A trip generation analysis by Laura Van Dyke, P.E., Heffron Transportation, was submitted with the application. This analysis concluded that the additional CUP07~)6-99-1 Hearing Examiner Puget So~md Environmental Learning Center Page - 18- City of Bainbridge Island traffic generated from the Environmental Learning Center would not decrease the Level of Service available on Blakely Avenue NE, nor the Level of Service available at nearby intersections. A further review of this analysis was made by the City of Bainbridge Island Public Works Department. (EXHIBIT 25). The trip generation analysis submitted by the applicant is included as (EXHIBIT38). Conditions imposed under the MDNS require specific road improvements and trail easement dedications to address the impacts on affected public roads. Heffron Transportation, concludes that no off-site transportation mitigation should be required, since the addition of the Environmental Learning Center would not deteriorate the Level of Service on Blakely Avenue NE. 18.108.040(C)( 1 )(b). The Environmental Learning Center fronts on Blakely Avenue which is a secondary arterial, and on Old Mill Road which is classified as a collector street on the Bainbridge Island Functional Road Classification Map. Both these classifications are higher than Residential/Suburban. 18.108.040(C)(1)(c). This provision will be met by compliance with Condition 26 recommended by the Planning Department, which states as follows: The operation of the learning center shall conform with the noise standards stipulated in Bainbridge Island Municipal Code (BIMC) Chapter 16.16. Should complaints of noise violation be reported to the Planning and Community Development Department, the learning center shall modify its operations to address the complaints or shall submit the appropriate study providing evidence of compliance with the city's noise standards. 18.108.040(C)(1)(d). Sewage disposal for this project will be provided by on-site septic disposal systems which have received the preliminary approval of the Bremerton Kitsap County Health District (EXHIBIT38). A water availability letter was submitted by the applicant after the public hearing in January, 2000, and a copy is included as (EXHIBIT 61). 18.108.040 (C)(1)(e). A fencing plan was submitted as a part of the application (EXttlBIT38). The fencing plan provides for several sections of fencing around the site to protect access to the site, and to maintain security. Other areas of the site, which are less accessible, are not fenced to allow for wildlife migration. 18. 108.040 (C)(1)(f). This project proposes native vegetation buffers around the perimeter ofthe site. These buffers exceed the requirements for perimeter buffer landscaping in the Code. The applicants proposal meets the requirements of 18.85.070.(D)(4). 18.108.040 (C)(1)(g). This site is located in the R-0.4 Zone which allows a maximum lot coverage of 10%. Since this project is for an educational use under a Conditional Use Permit, it is limited to maximum lot coverage of 5% of the site. This site plan meets the requirements of this provision, since less than 1% of the 256 acre site will be covered by buidlings. CUP07-06-99- I Hearing Examiner Puget So~md Envirormaental Leaming Center Page - 19- City of Bainbridge Island 18 108.040 (C)( 1 )(h). The site plan filed by the applicant details the necessary circulation plans for vehicular, pedestrian and bicycle access to the site. The project proposes gravel driveways throughout the site, however, insufficient engineering calculations have been provided to determine whether gravel driveways will be appropriate in the proposed locations on the site. During review of the construction drawings requested alternative driveway and parking area surfaces, the City Engineer will determine whether or not gravel driveways and parking areas are appropriate at the locations proposed by the applicant. Conditions have been recommended by the Planning Department requiring City Engineer approval for the driveway and parking lot construction specifications prior to construction. 10. Once a Conditional Use Permit is approved, no building or development shall occur contrary to that specified in the Conditional Use Permit. B1MC 18.108.050. 11. This project was subject to State Environmental Policy Act review in accordance with the provisions of Washington Administrative Code 197-11-800. A Mitigated Determination of Nonsignificance (MDNS) was issued on October 20, 1999. No appeals were filed. The MDNS is final. 12. This approval is based on the applicant's site plan submitted to the Department of Planning and Community Development on December 9, 1999, and the revisions outlined in the letter of from Bradley Liljequist to Bob Katai dated December 13, 1999 and included in the Staff Report as EXHIBIT 46. 13. This application, will meet the decision criteria for granting a Conditional Use Permit for an Educational Facility in the R-0.4 zone with the imposition of conditions recommended by the Planning Department. The Hearing Examiner approves the application for Conditional Use permit subject to the following conditions: SEPA CONDITIONS 1. Prior to any grading or construction activities, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan to the City Engineer for review and approval. 2. To mitigate air quality impacts during grading, contractors shall conform to Puget Sound Air Pollution Control Agency Regulations which insure that reasonable precautions are taken to avoid dust emissions. 3. No more than 20 acres of the site shall be cleared of existing vegetation. The 12 acres associated with the educational core can be cleared prior to issuance of the Conditional Use Permit if the following measures, attached to Vegetation Management Permit Case No. VEG09-24-99-1, are satisfied: C UP07 -06-99 - 1 Hearing Examiner Puget Sound Enviro~maental Learning Center Page -20- City of Bahbridge Island a) Prior to any vegetation removal, the applicant shall submit a Temporary Erosion and Sedimentation Control Plan to the City Engineer for review and approval. b) A Class IV Forest Practices Approval permit from the state Department of Natural Resources shall be obtained prior to timber harvesting. Where feasible, cut timber should be incorporated into the center's facilitates. c) If trees within three tree lengths of developed areas are to be removed, then any remaining trees within one and one half tree lengths of the developed areas shall be evaluated for hazard potential. The evaluation shall be submitted to the city's natural resource planner for review and approval prior to the removal of such trees. 4. Cleared v~getation that is not being incorporated into the environmental learning center must be removed from the site and/or processed by chipper or some other method of disposal that does not require burning. Complete storm water drainage plans designed in accordance with the Washington State Department of Ecology Technical Manual shall be submitted with the building permit application. The plans shall include city-approved stormwater quality devices and/or facilities. 6. To address future safety concerns, the roadways adjoining the project's perimeter will eventually need to be widened to their planned functional classifications. On the city's adopted Functional Road Classification Map, Blakely Avenue is shown as a secondary arterial with an ultimate right-of way width of 60-feet and Old Mill Road is shown as a collector with an ultimate right-of-way of 50 feet. Prior to submittal of building permit applications, the applicant shall submit a survey of the property and adjoining rights-of- way and roads. Based on the survey, the applicant shall dedicate property to widen the frontages of the adjoining rights-of-way of Blakely Avenue and Old Mill Road in conformance with their functional classifications. For Old Mill Road, this requirement may extend north of the existing roadway if said property is under the control of the applicant. These dedications shall be completed to the satisfaction of the City Engineer prior to building permit issuance. 7. The applicant shall improve the two segments of the project's Blakely Avenue frontage that lie within 600 feet of Blakely Elementary School. The frontage segments shall be improved as a secondary arterial as depicted in the city's adopted Design and Construction Standards and Specifications. 8. To replace the existing trail between the head of Blakely Harbor and Mac's Dam, the applicant shall dedicate a trail easement or at the applicant's option, a fee interest in land for a trail, in the vicinity of project site' s east property line between Blakely Avenue and Old Mill Road to the Bainbridge Island Park and Recreation District (PRD) and shall improve the easement with a unpaved trail constructed to PRD standards. To the C UP07 -06-99 - 1 Hearing Examher Puget Sound Environmental Leaming Center Page -2 1- City of Bahbridge Island satisfaction of the PRD, the width of the trail easement may vary to accommodate switchbacks and turning radii, provided that the width of the trail easement or fee dedication shall not exceed 20 feet. 9. To reduce potential traffic along the perimeter roads, the applicant shall create a connection between the residential development along Old Mill Road and Blakely Avenue. To this end, the applicant shall dedicate a trail easement or at the applicant's option, a fee interest in land for a trail in the vicinity of the project site' s north property line to the city. To the satisfaction of the Public Works Department, the width of the trail easement may vary to accommodate switchbacks and turning radii, providing that the width of trail easement or fee dedication shall not exceed 20 feet. 10. To facilitate wildlife movement to and from the project site, perimeter fencing should only be used in areas where native vegetation does not provide a sufficient determent to trespassing. If perimeter fencing is utilized along road rights-of-way, the fencing must be installed at least 10 feet back from the property line with native vegetation filling in the setback area. Except for the above road right-of-way setback, fencing shall be installed in substantial conformance with the Fencing Plan, Sheet L1.6, submitted as part of the Conditional Use Permit application or as subsequently amended by the applicant and approved by planning staff. Decorative fencing (split-rail and/or picket not exceeding four feet in height), temporary construction fencing, and silt fencing are exempt from this condition. 11. To mitigate noise impacts to residences in the project vicinityi grading and outdoor construction activities shall be limited from 7:00 a.m. to 6:00 p.m., Monday through Saturday. 12. To mitigate potential off-site glare, any outdoor lighting shall be hooded and shielded to prevent lighting spillover beyond the property line. All outdoor lighting shall have a maximum height of 20 feet. 13. The only disturbances permitted within the wetlands, streams and associated buffers are those related to permitted scientific or educational activities as defined in BIMC Section 16.20.020. All other activities must occur outside of the wetlands, streams and buffers. Additionally, structures, not permitted under the scientific or education activities exception, must be setback at least 15 beyond the edge of a wetland or stream buffer. A construction or split rail fence, demarcating the wetland or stream buffer, shall be installed prior to any clearing within 25 feet of the edge of a buffer. 14. Prior to stream restoration activities or introduction of fill into wetlands, if such activities require an Army Corps of Engineers permit, the applicant shall obtain the appropriate permit and shall provide a copy to the planning staff CUP07-06-99-1 Hearing Examiner Puget Sound Envirotunental Learning Center Page -22- City of Bahbridge Island NON-SEPA CONDITIONS 15. The improvements shall be completed in substantial conformance with the plans identified by the Planning Department date-stamp of December 9, 1999. 16. The center must provide a total of 108 parking spaces. This requirement may be satisfied by 88 hard (paved or gravel) spaces and 20 sof~ (grass-crete or otherwise vegetated) spaces. In addition, the center must reserve a contingency location capable of accommodating 30 additional parking spaces that would be developed if additional parking is required to accommodate program participants and staff using the Environmental Learning Center in the future. The development of these additional 30 spaces will not be required until a formal request is received from the Department of Planning and Community Development showing the need for additional parking at the site. 17. Racks accommodating the parking of 36 bicycles shall be installed on-site prior to the issuance of the Certificate of Occupancy. 18. To prevent buildings from straddling property lines, the internal property lines shall be adjusted or eliminated prior to building permit application submittal. 19. Prior to any clearing or grading, the monument and any accessories which denote the south quarter corner of Section 34 must be clearly marked both on the construction drawings and on the ground to the satisfaction of the city engineer. As this monument must be protected, if any clearing or grading is proposed within 15 feet of the monument or its accessories, a licensed land surveyor must take steps to reference the monument so that it can be replaced according the standards set by state law. 20. To the satisfaction of the city engineer, prior to building permit issuance, the applicant shall execute an indemnification agreement with the city regarding geoteclmical stability. Additionally, structures such as the suspension bridge which are in dose proximity to steep slopes, will require submittal ofa geotechnical report prior to building permit issuance. 21. Prior to beginning any combustible construction, all access roads and water lines with fire hydrants must be installed and operating. Additionally, the following fire access improvements shall be made to the satisfaction of the Bainbddge Island Fire Department: A. The vehicle access road to the office/interpretive center shall be increased to not less than 12 feet in width and shall include a hammerhead turnaround. B. The vehicle access roads leading to the naturalists' cabins shall be increased to not less than 12 feet in width and shall terminate with a hammerhead turnaround. 22. Each occupied buildings located in the educational corn, defined as the maintenance building, meeting hall/interpretive center/administrative offices, dining hall leaming studios, art CUP07-06-99-1 Hearing Examiner Puget Sotrod Environmental Learning Center Page -23- city of Bahbridge Island studio, guest cabin, and student lodges, shall have a sprinkler system. The staff housing area at the northern part of the site, including the graduate commons, graduate cabins and staff bungalow shall have sprinklers unless fire truck access can be provided within 150 feet of all points of the buildings. The systems shall be monitored by a central station. In addition, a dry standpipe system must be installed for the lodge buildings. The sprinkler and standpipe system plans must be approved by the fire department prior to installation. 23. To the satisfaction of the Balnbridge Island Fire Department, fire alarm systems, if necessitated by occupancy classifications, will be installed in the educational, dining, and meeting halls. 24. Prior to building permit issuance, the applicant shall submit a hydraulic analysis affixed with an engineer' s stamp, indicating that the minimum required fire flows can be achieved. This analysis shall be reviewed and approved by the Bainbridge Island Fire Department prior to building permit application submittal. Based on the following assumptions -- the largest commereial-type building contains 15,000 square feet, utilizes type V-N construction, and contains a sprinkler system -- the minimum fire flow is 1,625 GPM @ 20 psi. As the preliminary hydraulic analysis indicates that i,500 GPM would be available when the water system is completed, one of the following options must be implemented: a) Modify the water system to supply the minimum required fire flow of 1,625 GPM. b) Indicate the building to be TypeV-1 hr as a minimum. c) Reduce the size of the largest building to not larger than 13,400 square feet. d) Upgrade sprinkler system to WSRB rating at the kitchen/dining building and the meeting hall/interpretive center/administrative offices building. The minimum required fire flow in the area of the residential staff buildings shall not be less than 1,000 FPM @ 20 psi for two hours, unless the buildings are sprinklered. As the preliminary hydraulic analysis indicates a projected fire flow 500-750 GPM, the water system must be modified to supply the minimum required fire flow of 1,000 GPM. The need for sprinklers may be eliminated at the residential staff buildings if fire truck access can be provided within 150 feet of all parts of the building and if a minimum fire flow of 1,000 GPM can be provided. 25. Should the learning studio and greenhouse be located as shown on the site plan date-stamped December 9, 1999, the appropriate buffer width averaging request shall be filed and approved prior to building permit issuance. 26. The operation of the learning center shall conform with the noise standards stipulated in Bainbridge Island Municipal Code (BIMC) Chapter 16.16. Should complaints of noise violation be reported to the Planning and Community Development C 13]707 -06 -99-1 Heating Examiner Puget Sound Environmental Learning Center Page -24- City of Bainbridge Island Department, the learning center shall modify its operations to address the complaints or shall submit the appropriate study providing evidence of compliance with the city's noise standards. 27. To increase compatibility between the learning center and the adjoining residential parcels, all structures, outdoor group activity areas, and permanent internal roadways (except emergency access drives) shall be located at least 150 feet away from the nearest perimeter property line, except where the property line abuts a public road or Blakely Elementary School. Additionally, to the satisfaction of planning staff, elevated shelters or walkways exceeding 30 feet in height shall either not be visible from the adjoining residential lots or shall be situated and shielded in a manner which mitigates the sense of loss of privacy to adjoining property owners. 28. The site's shell midden shall be protected with fencing during construction of nearby trails and boardwalks. Should the midden be utilized as an educational feature of the learning center, the applicant should contact the Suquamish Tribe to solicit the tribe's active involvement in presenting the area's historical and cultural facets. 29. Grading and/or construction drawings submitted for building permits shall contain the following note: In the event that that phenomena of possible archaeological interest is uncovered during clearing or grading, all work will stop immediately and notification shall be promptly given to the city. In such a case, the applicant shall be required to provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. The applicant shall receive permission from the State Office of Archaeology and Historic Preservation prior to further disturbance of the site. 30. Prior to commencement of work on activities requiring a Forest Practices Application or a Hydraulic Project Approval, the applicant shall obtain approval for such permits from the appropriate state agencies. The applicant shall submit, to planning staff, documentation of the state agencies' approvals or exemptions. 3 1. A Building Site Application for On-site Sewage Disposal (BSA) from the Bremerton Kitsap County Health District will be required for the nine proposed separate drainfield areas prior to the issuance of building permits. Factors affecting the BSA's include: A. All BSA's will require inspection during the winter (November 1 to March 31) to determine the maximum water table depth and to determine if curtain drains are necessary. B. Wastes not typical of normal residential sewage may not be discharged to the C1fP074)6-99- I Hearing Examiner Puget Sound Environmental Leaming Center Page -25- Cily of Bahbridge Island site sewage disposal systems. C. Pre-treatment of commercial kitchen waste will be required to reduce the waste strength to normal residential levels prior to discharge to the drainfields. D. Supplemental pre-treatment may be necessary due to shallow soils. E. A water availability letter from Island Utility must be submitted to the Bremerton Kitsap County Health District prior to BSA issuance. 32 The Mac's Stream culvert under Blakely Avenue shall be upgraded/replaced by the applicant to the satisfaction of the Public Works Department. As the applicant has indicated that restoration of Mac's Stream for fish habitat is one of the future goals of the learning center, this work may be deferred and reviewed as part of the Joint Aquatic Resources Permit Application (JARPA) review related to the stream restoration efforts. In any case, the culvert must be upgraded/replaced by December 31, 2003. Failure to retrofit the culvert by said date may cause the city to initiate enforcement proceedings against the applicant. 33. The proposed buildings may be 35 feet in height. The proposed watershed lookout and forest canopy walkways may be as high as 90 feet as long as Condition 27 is met. The proposed suspension bridge may be as high as 50 feet. 34. All driveways must be asphalt unless another suitable surface is approved by the city engineer during building permit review. 35. All parking spaces shall meet the dimensional requirements of the B1MC. 36. The suitability of crushed rock to meet accessibility requirements for walkway surfaces from the parking area to the primary access points of enclosed buildings must be verified by the applicant prior to building permit issuance. Should said material not comply with American with Disability Act provisions, an acceptable surface material must be substituted. 37. School impact fees will be imposed for all dwelling units built on this site unless specifically exempted by the Bainbridge Island School District. CUP07-06-99-1 Hearing Examiner Puget Sound Enviro~unental Leaming Center Page -26- City of Bainbridge Island DECISION The Hearing Examiner having reviewed the exhibits submitted by the applicant and the Planning Staff, having visited the site, having entered Findings of Fact and Conclusions of Law, now grants a Conditional Use Permit for the development of the Puget Sound Environmental Learning Center subject to the conditions imposed in Conclusion of Law 13 above. Dated this 6th day of March, 2000 By: ~ ~L'ChtI&tL6 ~2~,( Robin Thomas Baker Hearing Examiner Pro Tern APPEAL This decision is final unless the Decision is appealed to the City Council following the procedures in BIMC 2.16.140 cUP07-06-99-1 Hearing Examiner Puget Sotrod Envirotunental Learning Center Page -27- City bf Bainbridge Island /~ARC R. ADAM, JAMES R. GOLDSWORTHy, L..c:. CANDYCE J. KORSMO ADAM & GOLDSWORTHY~ |NC. LAI~O SURVEYOR5 19062 HWY 305 N,, #105 POULSBO, WA 98370 (360) 779'4299 ' (206) 842-9598 FAX (380) 779-421:3 June 30, 1999 Job No. 99-2243 CONDITION.&L USE PERMIT Legal Description PARCEL A PARCEL 1 The Southeast quarter of the Southwest quarter of Section 34, Tovaship 25 North, Range 2 East, W.M., City of Bainbridge Island,. Kitsap County, Washington. EXCEPT the right of way of Blakely Avenue NE Subject to and Together with easements, restrictions and reservations of record. PARCEL 2 That portion of the Southeast quarter of the Southwest quarter of the Southwest quarter said Section 34, lying Easterly of BIakely Avenue RE; EXCEPT the North one-half of the North one-half thereo ~ Subject to and Together with easements restrictions and reservations of record. P,~R, CEL 3 That portion of the North 330.00 feet of the Northwest quarter of the Northeast quarter of Section 3, Township 24 North, Range 2 E~t, W.M., Cit2,,' of Bainbridge Island, Kitsap County, Waskin~on, lying west o f the folloxvhng described ILqe: A 'T/ cH I"IF_NT 'A 'p~oo~Jo suo!]Du~s~ ptre suo.tm.m~z 's]n~m~ss~ tO},,,x ~q~EojL F. re o1 DD.~qnS Z~'4 Fo~I II[Bi PIOJo ,{~Jo ]y~.u ~qlJo ~=.u~l ~c~ uo!mDS p!~s jo ~Dkrenb ls-e~qlnoS ~qlJo ~rmnb ls~qlnoS Ditl Jo uo~uod · p~o3~jo suo.~l~td~s~i p~ suo.~lo.ms~i 'SlU~LU~S~ yl.~,',x i~t~9~Oi ptm O1 Dg.fqnS 'p~o~i Jo suo~.~,uasa~ pu~ su0.uo.msa~ 'mn~tuDss~ '-tl!,~ ~oi ptm m 13a [qnS 'p~o~I IiWq PIO 324..Io K~x J.o ~q~ oLD Jo KI~;~s;AX ~mX.[ '~ltmo:D &s~p_,J 'pu~IsI aSp.uqu~.~jo ~-l!3 "IN'/,A ~H [ o~u'e}I 'quoN l~E d.rqsu.~o.i. '~E uo.uo~S Jo ~oL,~ub lse~hunoS ~qUo ~oknmb ~so~qmoS oqLIo.II~q-ouo hunoS oqUo uo.mod ~q_L · pio3~2 lo suo~.mMos~l pu~ suo!lo.ms~ 'slu~mas~o tll.z~ ~LD~SoI p~ ol 139 [qnS Page 3 Brainerd Conditional Use Permit Job No. 99-2243 June 30, 1999 PARCEL C PARCEL 1 That portion of the North one-half of the Northeast quarter of Section 3, Township 24 NortX. Range 2 East, W.M., City ofBainbridge [sland, Kitsap County, Washington, lying Westerly of the fiojat of way of NE Old Mill Road. S ubj ect to and Together with easements, restrictions and reservations of record. PARCEL 2 The North 468.27 feet of the South one-half of the Northeast quarter of said Section 3; EXCEPT any portion lying within the West one-half ofthe Southwest quarter of the Northeast quarter of said Section 3. Subj eel to and Together with easements, restrictions and reservations of record. PARCEL 3 That portion of the North 468.27 feet of the Southwest quarter of the Northwest quarter of Section 2, Township 24 North, Range 2 East, W.M., City of Bainbfidge Island, Kitsap County, Washingion, lying Westerly of the Easterly boundary of a 20 foot access ~nd utilities easement granted to the Port Blakely Cemetery, Association, Inc., under Kitsap County Auditor's File No. 3044597. EXCEPT the fight of way of NE Old Mill Road. Subject to and Together with easements, restrictions and reservations of record. P.-MRCEL D P.-M~.CEL 1 The South one-half of the Northeast quarter of Section 3, Township 24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Waskia~on. Page 4 Brainerd Conditional Use Permit Job No. 99-2243 June 30, 1999 EXCEPT the North 468.27 feet thereof. EXCEPT any portion lying within the West one,half of the Southwest quarter of the Northeast quarter of said Section 3. S ubj ect to and Together with easements, restrictions and reservations of record. PARCEL 2 That portion of the North one-half of the Southeast quarter of said Section 3 lying Northerly of the fight of way of Blakely Avenue NrE. EXCEPT any portion lying within the Northwest quarter of the Northwest quarter of the Southeast quarter of said Section 3. Subject to and Together with easements, restrictions and reservations of record. PARCEL 3 That portion of the West one-half of Section 2, Township 24 North, Range 2 East, W.M., City of Bainbridge ISland, Kitsap County, WashinGon, described as follows: Be~nniv~g at the West quarter comer of said Section 2; Thence along the East-West centerline of said Section 2, South 89°03'21" East 813.61 feet to the Tree Point of Begirming; Thence parallel to the South half of the West line of said Section 2, North 00°50'44" East 323.15-, feet to an exi'sting iron pipe at the Southeasterly comer of that parcel conveyed to the Port B lakely cemetery Association, Inc., under Kitsap County, Auditor' s File Nos. 662547 and 8807270069; Thence North 89°27'43'' West 136.02 feet to an existing iron pipe on the boundary of said cemetery parcel; Thence North 61049'09" West 280.79 feet to an existing iron pipe on said boundary; Thence North 01°25'21" West 113.19 feet to an existing iron-pipe on said boundary; Thence North 02°35 '57" East 112.04 feet to an existing iron pipe on said boundary; Thence continuing North 01°35'57" East 172.60 feet to the South line of the North 468.27 feet of the Southwest quarter of the Northwest quarter of said Section 2; Page 5 Brainerd Conditional Use Permit Job No. 99-2243 June 30, 1999 Thence along said South line, North 88°56'07'' West 428.97 feet to the West line of said Section 2; Thence along said West line, South 01°02'4Y' West 849.21 feet to the West quarter coruer of said Section 2; Thence continuing along said West lilte of Section 2, South 00°50'44" West 740 feet, more or less to the Northerly right of way of Blakely Avenue NE; Thence Easterly along said right of way to a point which bears South 00°50'44" West fi'om the True Point of Begirming; Thence North 00°33'51" East 722 feet, more or less to the True Point of Be~'wing. Subject to and Together with easements, restrictions and reservations of record. ' P.~RCEL G PARCEL 1 Lots A, B, C, D, E and F of Kitsap County Short Plat No. 1927 recorded under Kitsap. County Auditor' s File No. 7908220127 and situate in the Northeast quarter of the Noifiwest quarter of Section 3, Township 24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington. Subject to and Together v,ith easements, restrictions and reservations of record. PARCEL 2 That portion of the North one-half of the Southwest quaxit. er of the Northeast quarter of the Northwest quarter of Section 3, Township 24 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington, lying Northeasterly of the fight of way of Blakely. Avenue -- NE. Subject to and Together with easements, restrictions and reservations of record. · v'SiF~ ~0 XiLIOD NOLDN2HSV~ 40 HiVLS ·