WILLIAMSON POOL VAR/CUP12-06-99
AUG 17 ~00 rif'il1=2~3
CITY ADMINISTRATOR
LYNN NORDBY
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR CONDITIONAL )
USE PERMIT AND VARIANCE )
FOR ADDITION TO RAY)
WILLIAMSON MEMORIAL POOL )
APPLICANT: BAINBRIDGE ISLAND )
PARKS AND RECREATION DISTRICT )
)
CUP12-06-99-1 AND V AR12-06-99-1
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECISION
SUMMARY
This application for Conditional Use Permit, filed by the Bainbridge Island Parks and
Recreation District, is to expand the pool facility which it owns on the Bainbridge Island School
District property near Ordway School on the main school campus. This proposal is to expand the
Park District's use of the property to include a second pool building and accessory parking lot
next to the Ray Williamson Memorial Pool. A Conditional Use Permit is required for this pool
facility since it is located in a residential zone. A Conditional Use Permit is granted subject to
conditions.
FINDINGS OF FACT
1 This application for Conditional Use Permit was filed by the Bainbridge Island Parks and
Recreation District (BIPRD) for an addition to the public pool facility located on Bainbridge
Island School District (BISD) property on Madison Avenue North, just north of the intersection
of High School Road and Madison Avenue North. The project site is located near the
southeastern corner of a 75.6 acre parcel owned by the Bainbridge Island School District. This
parcel is identified by Tax Lot No. 222502-4-003-22008 The legal description for this School
District parcel is included in the record as EXHIBIT 10, a copy of which is attached to this
Decision as Appendix A.
2 B IPRD seeks a Conditional Use Permit to allow expansion of a public pool facility which
they already operate on the BISD property. The School District has approved the design and has
signed an owner/applicant agreement giving BIPRD permission to seek a Conditional Use Permit
to expand the pool facility. [EXHIBIT 21, Page 7.]
3. The project site is located in a residential zone designated as R 2.9, allowing 2.9 units per
acre. This zoning designation is governed by BIMC 18.27. Under BIMC 18.27.030 certain
conditional uses are allowed. Included in those permitted conditional uses are educational,
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Hainbridge Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
cultural, governmental, religious or healthcare facilities, and public parks and playgrounds. This
pool facility expansion qualifies as a public park facility and is, therefore, permitted use in the R
2 9 zone
4 On May 27,2000 the City of Bainbridge Island published a SEPA Mitigated
Determination of Non-significance (MONS) for this project. The city received no public
comment and no appeal of the MONS. The MONS became final on June 12,2000. Under the
MONS certain conditions of approval were imposed on this project. Those conditions of
approval will be included as conditions of approval for this Conditional Use Permit.
5. Associated Earth Sciences, Inc., at the request of BIPRD performed a sub-surface
exploration and geotechnical engineering study for the proposed project site. In their study, dated
October 5, 1999, Associated Earth Sciences, Inc. concluded that the soils at the project site are
identified as Vashon Lodgment Till and Vashon Advance Lacustrine. These natural soils are
dense to very dense silty sand with gravel, and stiff to hard silt and sandy silt. Several borings at
the site encountered fill soils consisting of medium dense, silty sand and medium stiff silt with
various amounts of sand and gravel. The fill soils, were encountered on the southeast portion of
the addition site. Groundwater seepage was encountered at sixteen feet below the existing
ground surface at the time of boring, however, subsequent groundwater level measurements
showed groundwater levels as high as 10.16 feet. Associated Earth Sciences, Inc. has made
recommendations for structural design considerations based on their geotechnical report.
/EXHIBIT 72J.
6 There are steep soil slopes at this project site. Slopes of 40% and greater are next to the
expansion site. Special construction accommodation will be needed to protect those geologically
sensitive slopes from erosion and landslide both during construction and after completion of the
project.
7. This project site is 75.6 acres and contains wetlands, however, the portion of the site
where the pool addition will be built is approximately 780 feet south of the wetlands. The School
District site has been extensively developed with educational buildings, parking and accessory
support buildings for the High School and Grade School which are located on the property.
BIPRD has proposed a building of23,500 sq.ft. for the new pool. The addition of this new pool
will increase the lot coverage on the BISD property to 13.6% of the total. Maximum lot
coverage in the R 2.9 zone is 25% (BIMC 18.27). BIMC 18.108.040 sets additional limitations
on educational, cultural, governmental, religious and health care facilities built in residential zones.
Those facilities are limited in lot coverage to only 50% ofthe allowable lot coverage in the zone.
8. AIl surrounding properties are also designated as R 2.9, with the exception of one light
manufacturing zone located to the north across New Brooklyn Road. Most of the surrounding
property has been developed or is in the process of being developed as residential sites.
Properties immediately to the north contain a Church, a self storage facility, a residence and
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Hearing Examiner
City of Bainbridge Island
Christmas tree farm and a residential subdivision development. The properties to the south of the
school site contain a Church, multi-family housing, and small commercial offices. Property to the
east is vacant, however, residential projects are proposed for those sites. Adjoining properties to
the west have been developed as single family residential lots
9 This 75 acre School District site contains an identified aquifer recharge area, however, the
portion of the property adjacent to the existing public pool is not included in that identified aquifer
recharge area. The expansion of the pool facility will not affect the aquifer recharge capacity of
the site
10. A Conditional Use Permit was issued to BISD on April 4, 1994 under CUP08-11-93-2.
Pursuant to that CUP, the School District was allowed to develop a campus parking lot on play
fields immediately to the east of the BIPRD pool. Some 15 conditions were attached to that CUP
approval. Among those conditions was Condition VI which required the School District to
provide adequate pedestrian walkways along Madison Avenue North to protect students walking
to and from Ordway Elementary School along the School District property line from High School
Road to the elementary school. A temporary reprieve, from meeting BIMC sidewalk cOIlstruction
standards, was included as a condition. BISD agreed to upgrade the sidewalks along Madison
Avenue North to comply with BIMC 12.28, or its amendments, when notified to do so by the
City of Bainbridge Island. Prior to the public hearing in this matter, a meeting was held with
representatives of the City, BISD and BIPRD to discuss a plan for making improvements to
Madison Avenue North adjacent to the main school campus. It was agreed that the parties would
continue to work toward the installation of improvements to Madison Avenue North. School
District representatives agreed to contribute their proportionate share toward improvements along
the west side of Madison Avenue North where it abuts School District property, from Ordway
School to High School Road intersection.
1 I. Another condition in the 1994 BISD Conditional Use Permit is Condition XI I which
states:
The access road presently existing off Madison Avenue N. located to the north of
the administration building which provides access to Ray Williamson pool,
Commodore Middle School and Bainbridge High School shall be gated after
construction of these new parking and drop-off areas so that the access road is
used for emergency and service access only. It is understood that traffic will be
closed offby gates located near the high school stadium and near the daycare
located behind Ordway Elementary School. It is understood that this roadway will
remain gated at all times except to accommodate needs for service vehicles or
emergency access or as a special accommodation to meet the needs of
handicapped or senior citizen users.
At the public hearing, representatives ofthe BISD testified that the gate by the daycare
identified in Condition XII was deactivated by the BISD more than a year ago due to vandalism.
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Rainhridge Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
The roadway in front of the daycare, which services the south parking lot ofthe Ray Williamson
Pool, has remained opened to vehicles. This roadway is included in the area to be improved as
part of the pool expansion proposed by the BIPRD The wooded area immediately to the north of
the Ray Williamson Pool will be cleared to build parking for the new pool addition and to provide
the site for the new pool. The south parking lot, which presently serves the old Ray Williamson
Pool, will no longer be used by the BIPRD. It will now be set aside for the exclusive use ofthe
BISD Access for all patrons, including handicapped patrons and senior citizens, will be through
the doors at the northeast corner of the new pool addition. There will no longer be a need for
access to the pool over this one lane road except for emergencies. The gate near the daycare,
which sits deactivated on the School District's road, will be removed and the road will be gated at
the propane tank which is presently in place on BISD property immediately to the west of the
public pool.
12. The building, proposed by the BIPRD to house the new pool, was designed with a
building height of28.65 ft., except for the portion of the building identified as the stair tower for
the water slide. The stair tower for the water slide feature at the new pool is located inside the
new pool building. The water slide tube is entered from a platform less than 30 ft. above grade. A
protective enclosure with a pitched roof has been proposed to enclose the entry platform to
shelter water slide users while they wait their turn to enter the top of the water slide. The water
slide is designed for one participant at a time. This stair tower roof, according to the submitted
plans, will reach between 40 and 45 ft. elevation above grade. The water slide itself will be
assembled outside the pool building, however, the water slide reentry into the pool building will
be by a tube extending to the pool inside the building. The protective enclosure and roof above
the water slide stair tower platform is connected to the wall and roof of the building, and is
located directly over the access stairway to the water slide which is built inside the pool building.
The access stairway for the water slide is an integral part of the new pool building and is not an
independent structure separate from the building.
13. The water slide tube will stand outside the pool building. The water slide tube will be
screened by the pool building on its north and east side, however, it will be open to view from the
southwest direction. Since the water slide is not enclosed by the pool building and the slide
reaches a height of approximately 30 ft., screening of the entire structure from all views elsewhere
on the site is not practical.
14 The public pool expansion proposed by the BIPRD helps meet the Bainbridge Island
Comprehensive Plan goal of maintaining a high quality system of public parks and recreation
facilities on Bainbridge Island. The proposed development enhances the existing family swimming
pool facility and meets the need of the community for additional space for swimming lessons and
recreational swimming. The BIPRD conducted public meetings to obtain input on the public's
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Bainbndgc Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
desires for additional family recreational uses. A survey was sent to 200 Island residents soliciting
their opinion on features to be included in the new pool. BIPRD is projecting that the new pool
will add over 600 hours of pool use for the community. The new facility is to be used primarily
for recreation The existing old pool facility will be used for education classes such as water
safety instruction, swimming lessons, school team water sports and physical education classes.
The consultant for the BIPRD estimated that the new facility will be utilized 70% of the time for
recreational uses. /EXHIBIT 77}. John DeMeyer, Manager of the pool facility, prepared a table
showing the expected increase in occupant load anticipated from the new facility. r~J{HIBIT 7J
Other aspects of the Bainbridge Island Comprehensive Plan goals and policies which apply
to this proposed CUP are reviewed in the Staff Report at Section D.' 1-7. [EXHIBIT 52J
15 BIPRD has included in the design of the new pool, rooms and equipment to operate a cafe
type concession at the facility. This cafe concession is to be located in Rooms 146 and 148. The
application describes the function of Room 148 as a cafe which provides a seating area for food
and beverage service to patrons, as well as a social center for the facility. Room 146 is described
as a kitchen which provides a warming and serving area for pre-cooked heated meals, cooktops,
ovens, and refrigerators for snack style food, and it may also be used for preparing a soup and
sandwich type luncheon. The two rooms would have serving windows accessible from the
concession area and meeting rooms. This cafe style snack bar concession is a retail sales
operation as defined by BIMC 18.06870. BIMC 18.06.870 states: "Retail sales means selling
goods or commodities to final consumers. Retails sales includes a restaurant...." This pool is
being built on property that has been zoned residential. Special uses for parks and playgrounds
are allowed under a CUP, however, retail sales are not a permitted use in this zone. Providing an
area in the new pool building where consumption offood brought in by pool patrons would be
allowed, however, the preparation and sale of snack foods or luncheon foods to patrons is not
allowed in this zone (BIMC 18.27).
16 The applicant's proposal anticipates a maximum occupant load of 476, which generates a
requirement for 190 parking spaces. The applicant, however, has demonstrated that the need for
parking at the facility can be coordinated with the needs for parking at the adjoining school
facilities. The pool facility will be used on weekends and after school hours and will receive its
heaviest usage during the summer months when school is not in session. The applicant has
demonstrated to the satisfaction of the Director of Planning and Community Development that the
56 additional spaces proposed as a part of this project are sufficient to accommodate the peak
shift usage at this facility. The new parking lot for the facility has been planned for north side of
the new pool building. The pedestrian entry to the building is on the northeast corner of the new
pool building, therefore the additional proposed parking will be located to the side ofthe building
as recommended by BIMC 18.81.050.B. Additional parking for the pool will be provided by the
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Bainbridge Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
school parking lot which is immediately to the east of the pool building The plans submitted by
the applicant show that an adequate number of racks for bicycles will be included to comply with
the requirements ofBIMC 1881.
I 7 A landscaping plan has been submitted by the applicant. The proposed landscape design is
sufficient to meet the landscaping requirements ofBIMC 1885. As a part of the preparation of
the site for construction of the new pool, slightly less than one acre of evergreen trees will be
removed from the interior of the site. Seven percent ofthe undeveloped wooded area on the
BISD site is being removed for this pool addition. Preliminary information from the Washington
State Department of Natural Resources indicates that a Forest Practices Permit will not be
required for removal of these trees. Prior to any tree removal at the site the applicant must
provide the Department of Planning and Community Development (DPCD) with a letter from the
Washington State Department of Natural Resources verifYing that no Forest Practices Permit is
required
18. A traffic study was conducted for this project by the Transpo Group. The traffic impact
analysis, dated February 11,2000, has been included in the record as EXHIBIT 44. The traffic
study considered traffic volumes anticipated from projects, presently in the planning stage, for
properties near the pool site, including Village Square, Village at Sakai Lake and the Madison
Glen development According to the traffic study, there will be little change in the Level of
Service (LOS) at intersections at New Brooklyn Road and Madison Avenue NE, the eastern site
access at Madison Avenue NE, the High School Road/Madison Avenue NE intersection and the
SR 305/Madison Avenue NE intersection. The LOS at the SR 305/Madison Avenue northbound
approach will down grade from LOS E to LOS F. It is the conclusion of the Transpo Group that
the new pool will generate a small amount of additional traffic on the surrounding intersections
and roadways, but that additional traffic will not degrade the LOS below baseline conditions. No
specific offsite mitigation is proposed by the traffic analysis. Recommendations were made by the
Transpo Group for changes to the curbing on the south end of the access driveway where it enters
Madison Avenue North. A widening of the driveway apron at that intersection is recommended
to provide enough turning radius for larger vehicles to safely enter the flow oftraffic without the
need to go into the oncoming lane. It was noted, in the traffic study, that the intersection of
Madison Avenue NE/High School Road is being studied by the City for signalization and
currently meets signal warrants. The traffic study found that this new pool project will account
for I 4% of the total traffic at the Madison Avenue/High School Road intersection during the
anticipated PM peak hour
19. The maximum height for a building in the R 2.9 zone is 25 ft. unless allowed by
Conditional Use Permit The applicant has requested, as a part of the CUP, that they be allowed
to construct a building which exceeds 25 ft. in height. If the new pool building is built to the
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Hainbridge Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
proposed height of28 6 ft, the building will not substantially reduce any view opportunities on
the property The pool buildings are located between the sports field for the High School to the
west and the school campus parking lot to the east. It is set back more than one hundred feet
from Madison Avenue North Ordway School is to the north and east of the pool buildings. The
view from Ordway School will not be substantially affected by the increased height ofthe pool
building. The old pool building is approximately 33 ft in height. Solar access for neighboring
uses will not be reduced by this increased height. There are no unstable slopes on the building site
with the exception of the steep slope located immediately to the west of the building. This slope
supports the emergency access road. The applicant's plans call for shoring up those steep slopes
to ensure their stability during and after construction The Fire Department memo dated July 12,
2000, / f;XHIBIT 63/, shows that adequate fire flow is available at this project site for the size and
height of the building proposed by BIPRD
20 This family pool project is appropriate in design, character and appearance to be
compatible with existing development on the School District property. The new pool building
will be built adjacent to the existing Ray Williamson Pool and share facilities with that pool. The
physical characteristics of the property at the proposed site are geologically suited to the
construction of a pool facility, according to the geotechnical engineer's report. The educational
and recreational uses provided by this new family pool are consistent with the present educational
and recreational uses of the BISD campus.
21 This public pool addition will be serviced by adequate public facilities. Water and sewer
service will be provided by the City of Bainbridge Island, fire protection will be provided by the
Bainbridge Island Fire Department; storm water drainage facilities will be provided on the site by
the BlPRD, and adequate public roads are available by using existing access onto Madison
Avenue North. Madison Avenue North will be improved by the addition of sidewalks and bike
lanes to accommodate safe pedestrian and bicycle access to the facility. These Madison Avenue
improvements will be financed by the School District and by other property owners along
Madison Avenue North.
22. A storm water drainage plan and proposed storm water control facilities plan have been
submitted by the applicant for review by the City Engineer. David Nelson of the Department of
Public Works testified at the hearing that the plans submitted by the applicant are adequate for
this preliminary stage of the project, however, additional changes will be required to meet the
requirements ofBIMC 15.20. The applicant has submitted engineering studies showing an
analysis of the off site storm water flow from this site prior to construction. This storm water off
site flow analysis must be approved by the City Engineer prior to completion of the project. The
engineering plans submitted by the applicant have addressed the treatment and disposal of pool
water from the facility. This method of treatment and disposal of pool water must be approved by
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13ainhridgc Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
the City Engineer prior to completion of the project.
23 The use of this additional School District property to expand the family pool facility of the
BlPRD will not be materially detrimental to other uses for property in the immediate vicinity. The
School District campus is being utilized for public education facilities, including the High School
and Grade School and an alternative school in the Commodore Center. A public pool is located
on the campus. A high density residential development has been proposed for property across
Madison Avenue North to the east. This development will provide new users for this new
recreational facility within walking distance of the facility. The two pools will be used, as well, by
school teams and school physical education classes. AIlocation of pool use will be coordinated
with school program needs.
This new pool facility will not change the present use of the School District site. It will
not adversely affect the residential nature ofthe area surrounding the School District site, and
will, in fact, enhance the recreational opportunities for residents in the area.
24 Impacts to the surrounding area from the project are primarily traffic and visual impacts.
The visual impacts have been softened by perimeter landscaping already existing at the site. As a
condition of the 1994 BISD CUP, planting of trees and other vegetation was required along the
fencing bordering Madison Avenue North. The School District property, where it abuts Madison
Avenue North, is approximately 12 ft. above the grade of the street and consists of a grassy bank
topped by planted vegetation and trees along the fence line. This landscaping blocks the view of
the School District property by drivers driving along Madison Avenue North, except where the
access driveway enters the School District property near the administration building. Additional
landscaping will screen portions of the pool building and will be planted in the new parking lot on
the north end of the new pool building.
The traffic impacts from this project are minimal. The impacts to pedestrian and bicycle
safety along Madison Avenue North are being lessened by safety measures agreed to by the
School District. The School District has agreed to proceed with improvements to Madison
Avenue North. Sidewalks will be built to City design standards. Bicycle lanes will be built along
the west side of Madison Avenue North to comply with the Comprehensive Plan. The Director of
DPCD has determined that adequate parking will exist during peak shift use at the pool.
25 Safe pedestrian walkways must be built connecting the new pool to Madison Avenue
North. Pedestrians will be entering the school site from the Madison Avenue North entrance and
must be assured safe passage to the pool facility. With the addition of more than 100 new
residential units on the east side of Madison Avenue North in the very near future, it can be
expected that residents of those housing areas will not use motor vehicle transportation to get to
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Bainbridge Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
the new pool facility. The Bainbridge Island Comprehensive Plan requires that pedestrian and
bicycle travel be encouraged to lessen traffic impacts. Adequate sidewalks and/or pedestrian
walkways must be provided between Madison Avenue North and the new pool facility entrance to
allow for safe passage of pedestrian users to the new pool facilities. Prior to occupancy of the
new pool facility building, the applicant must demonstrate to the City Engineer that adequate
walkway facilities have been provided on the site for protected pedestrian access from Madison
Avenue North to the new pool facility.
26 On July 10,2000, (continued to July 13, 2000) a public hearing was held before the
Hearing Examiner to consider the application. Prior to the hearings, notice was published in the
Bainbridge Review on June 21, and June 28, 2000. Notice of the Public Hearing was mailed to
owners of property within 300 feet ofthe proposed project, and notices were posted at the City
Hall, the Chamber of Commerce and the Ferry Terminal on the 16th day of June, 2000, (EXHIBIT
50). In addition, notice was posted at the site on the 2 I ,t day of June, 2000, [EXHIBIT 49].
CONCLUSIONS OF LAW
I The Bainbridge Island School District is the legal owner of property on which this Park
District family recreational swimming pool is to be built. The School District authorized the Park
District to apply for a Conditional Use Permit to allow the construction ofthis pool on School
District property. The School District approved the design for the new Park District swimming
pool to be built on School District property by a unanimous vote on April 27, 2000.
2 This application for a Conditional Use Permit is properly before the Hearing Examiner
(BIMC 18.108). Timely legal notice was given before the public hearings, held on July 10, and
July 13, 2000
J The BIPRD has proposed a new public park and playground facility to be built on BISD
property. This is a permitted use in the R 2.9 zone (BIMC 18.27.030 (G)). The maximum lot
area covered by buildings in the R 2.9 zone cannot exceed 25%. Educational and cultural
facilities are subject to additional lot coverage restrictions as set forth in BIMC
18 108040.(C)(l)(g). Although this new pool building will be built on BISD property, the main
use of the new pool is for recreation. The pool qualifies as a public park or playground facility.
The applicant applied for a Variance from the lot coverage requirement since the project will
increase the lot coverage for the school site to 13.6%. Since this facility is owned by the BIPRD
and is provided for public park recreational use, lot area coverage cannot exceed 25% (BIMC
18.27050). A Variance is not needed for this project.
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Hearing Examiner
City of Bainbridge Island
4 The applicant also applied for a Variance to increase the height of the new pool building.
A building in the R 2.9 zone is subject to a height limitation of 25 ft., except that buildings up to
30 ft. may be allowed under a CUP in certain circumstances (BIMC 1827.070). BIMC
18. 11 I. 0 10 states in part:" . Variances are not authorized for changes in density requirements,
building or structure height requirements, or expanding a use otherwise prohibited..." The
applicant's request for a Variance allowing an increase in building height to 45 feet for the stair
tower on the new pool building must be denied
5 The maximum building height in the R 2.9 zone can be allowed up 30 ft. under a CUP if
the following criteria are met: I. View opportunities are not substantially reduced; 2. Fire flow is
adequate; 3. No unstable slopes or soils are on the building site; 4. Solar access of neighboring
lots is not reduced (BIMC 18.27.070(A)). The BIPRD application to increase the building height
may be allowed up to 30 ft. above grade. The criteria to increase the maximum building height
from 25 ft to 30 ft. for this building have been met (Findings of Fact 19 and 24). The request for
additional height of 15 ft. for the water slide stair tower on the west side of the new pool building
must be denied since it exceeds the maximum building height allowed in the R 2.9 zone. The
enclosure and roof for a water slide staircase are a part of the pool building as defined in BIMC
18.06. 110 and are not a separate structure. The enclosure and roof which extend above the
maximum 30 ft. in height protect the water slide entry platform. Participants will be protected
from the elements while waiting on the platform. The water slide tube will be constructed next to
the building and attached at the entry platform and at the opening in the building where the tube
re-enters the building dumping water slide users into the pool. No Variance is allowed to increase
building height (BIMC 18.111.010).
6. The applicant has proposed a snack bar/cafe retail food service for pool patrons. This
pool facility is being built under a CUP in a residential zone. Retail sales, including restaurants,
are not permitted in the residential zone. The retail food service proposed by the BIPRD is not
allowed under this CUP.
7. To qualifY for a CUP the application must satisfY the decision criteria set forth in BIMC
18 108 040(A) & (B).
8. BIMC 18 108.040 (A)(l) states: The conditional use is harmonious and appropriate in
design, character and appearance with the existing and intended character and quality of the
development in the immediate vicinity of the subject property and with the physical
characteristics of the subject property.
This expansion of the pool facility is appropriate in character, design and appearance with the
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Bainbridge Island Parks and Recreation District
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Hearing Examiner
City of Bainbridge Island
existing development on the BISD site. This new pool facility expands the BIPRD's public
swimming pool, a facility built in 1965. The project site contains soils geologically suited to a
development of this kind, according to the geotechnical report by Associated Earth Sciences, Inc.
/ EXHIBIT 72]. There is approximately I acre of undeveloped wooded property immediately to
the north ofthe Ray Williamson Memorial Pool which is a suitable site for expansion of the pool
facility and accessory parking. This large school site is fully developed with other educational and
recreational facilities The building height of 30 feet and the design ofthe pool buildings will be
compatible with other buildings located on the BISD property. Surrounding properties are being
developed for residential uses and will benefit from this expanded recreational use of the BISD
SIte.
9 BIMC 18 I08.040.A(2) states: The conditional use will be served by adequate public
facilities including roads, water, fire protection, sewage disposalfacilities and storm drainage
(acilities.
This BIPRD pool facility will be provided water and sewer service by the City of Bainbridge
Island and fire protection by the Bainbridge Island Fire Department. Adequate storm drainage
facilities will be provided by the BIPRD to assure proper storm water management on the site and
to maintain pre-development flows off the site. The pool has access to Madison Avenue North,
which with the proposed improvements will provide an adequate roadway for vehicle access to
the new pool. Traffic impacts on the LOS for Madison Avenue North will be minimal since most
additional traffic generated by this new pool facility will occur after school hours, on weekends
and during the summer months. The BISD has agreed to participate in street improvements to
improve the sidewalks and the bike lane access along Madison Avenue North as requested by the
City of Bainbridge Island.
10. BIMC 18 109.040(A)(3) states: The conditional use will not be materially detrimental to
uses of property in the immediate vicinity of the subject property.
This use of the property for an additional public parks recreational facility will not be materially
detrimental to the educational uses located on the school site, or materially detrimental to the use
of the residential properties in the vicinity. It is anticipated that the 33.52 acres of undeveloped
property to the east of the project site will be developed into residential uses in the very near
future Access to a new public pool facility will enhance the enjoyment of the neighborhood for
new residents. The schools located on the site with the BIPRD pool utilize the pool for school
programs such as swimming lessons, sports team practice, meets, and physical education classes.
These uses are clearly enhanced by the addition of a second pool in this facility to allow more
usage hours for school district programs. Studies conducted by BIPRD show that the present
single pool facility is inadequate to meet the usage needs for residents of the City.
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Hearing Examiner
City of Bainbridge Island
11 BIMC 18.108.040(A)(4) states: The conditional use is in accord with the Comprehensive
Plan.
This expansion of the public pool facility by the BlPRD is consistent with the Bainbridge Island
Comprehensive Plan and helps meet the goals of the Comprehensive Plan to maintain a system of
high quality public parks and recreation facilities on the island. Locating the pool expansion next
to the existing pool also makes use of joint parking available at the school site, and decreases the
amount of new parking and impervious surfaces necessary to service this larger facility. Locating
the new pool on the school site expands the opportunities for school district programs to take
advantage oftheir joint use agreement with the BIPRD The properties surrounding the BISD
site have been developed, or are being developed as residential lots. The location of this
expanded pool facility near residential development encourages pedestrian and bicycle use for
access to the facility in accordance with the policies of the Comprehensive Plan.
12. BIMC 18.108 040(A)(5) states: The conditional use complies with all other provisions of
this code.
Review by the Department of Public Works and the Department of Planning and Community
Development, the Fire Department and the Health District has generated some recommendations
for conditions to the project approval. Compliance with the conditions attached to these
recommendations for approval will ensure that the use ofthis property for a public park and
playground recreational facility complies with all provisions of the BIMC.
13. BIMC 18.108.040(A)(6) states: The conditional use will not adversely affect the area or
alter the areas predominantly residential nature.
This BLPRD pool expansion project is being built adjacent to an existing public swimming pool
owned by the BIPRD. This portion ofthe BISD site has been used for a BIPRD pool facility
since 1965. The school site is 75 acres in size and is surrounded on all sides by residential
development. The residential nature of surrounding property will not change or be adversely
impacted with the additional of a second pool facility on the school district site.
14. BIMC 18.108.040(A)(7) states: All necessary measures have been taken to eliminate the
impacts that the proposed use may have on the surrounding area.
As a part of the project review, the BlPRD retained the Transpo Group to make a traffic analysis
ofthe impact the additional traffic from this expanded pool facility might have on access
roadways and nearby intersections. The traffic analysis concluded that the additional traffic would
have a minimal impact on the LOS on Madison Avenue North. Impacts on neighboring
intersections were discussed in the study. The scheduling of classes and activities during after-
school hours and during the summer months, when school is not in session, allows a compatible
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use of the site with the educational facilities. A joint use parking agreement has been made with
the BlSD allowing shared parking, after hours, in the School District's lot in front of the new pool
facility The Director of DPCD has approved the joint use agreement. The Director found that
the number of parking spaces added at the new pool facility project, will be adequate to meet
peak usage needs of the facility when combined with the joint usage spaces provided by the
School District lot.
The Public Works Department has reviewed the preliminary storm water control plan filed by the
applicant and has given preliminary approval to the storm water control facilities planned for the
site.
Improvements are to be made to the sidewalk and bicycle access along Madison Avenue North to
improve safe access for bicyclists and pedestrians to the pool facility, as well as to Ordway
Elementary School, next to the pool site. The BISD has agreed to make improvements along
Madison Avenue North at the request ofthe City of Bainbridge Island. The improvements will be
done in coordination with improvements to be made along the eastern side of Madison Avenue
North by other property owners. The emergency access road which has allowed vehicular access
to the parking lot south of the old Ray Williamson pool will now be gated near the location of the
propane tank west of the pool facility The road will be available only for emergency access and
for delivery access to the propane tank located on BISD property immediately to the west of the
pool.
At the hearing a BISD representative testified that the student drop off and pick up area in
front of the administration building just south of Ordway School is going to be relocated. This
change will greatly reduce traffic before and after school in that area. Traffic congestion at the
Madison Avenue entrance to the pool facility will be reduced by the relocation of the student drop
off area elsewhere on the Ordway School campus.
15. BISD Conditional Use Permit,CUP08-11-93-2, requires the maintenance ofa gate on the
emergency access road in front of the Big Kids Daycare Center. That Condition XII is amended'
by this Conditional Use Permit which allows the gate in front of the daycare center to be relocated
to close the roadway near the propane tank site.
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16 The BIPRD application for a Conditional Use Permit to build an additional family
recreational pool on School District property can comply with the requirements for conditional
use permits under BIMC 18. 108 if certain conditions are imposed on the project. Compliance
with the following conditions is required:
SEPA CONDITIONS:
All conditions ofthe MONS shall be conditions of approval:
I a. To prevent degradation to off-site transportation levels of service from pre-
development to post-development, the following physical improvements shall be
designed and constructed with the public right of way'
i. Prior to issuance of a certificate of occupancy, the BIPRD shall submit to the
City evidence that they worked with the BISD to determine the most responsible
means to implement required right of way improvements to the westerly one-half
portion of the Madison Avenue North public right of way frontage equal to the
easterly property line of the overall School District campus. This shall be
improved to the BIMC improvements standards for a "Urban Secondary Arterial
Street Standard" road, including appropriate ten foot driving lane, five foot bicycle
land, upright concrete curb and gutter, and seven foot concrete sidewalk. If no
agreement can be reached and/or there is no other opportunity for contribution
from another source, the improvements shall be the responsibility of the School
District.
ii. That ingress and egress location identified for service to the subject site (as
depicted on Figure 2, Traffic Impact Analysis, Transpo Group; February 11,2000)
shall be improved according to the City of Bainbridge Island Standard Drawing
No. 8-140 for a commercial approach and shown on the design plans, prior to
approval for occupancy of the new pool building.
I b In order to prevent loss of significant archaeological resources, the following
measures shall be taken in the event phenomena of possible archaeological interest
is uncovered during land use activities at the site: all work will stop immediately
and notification shall be promptly given to the City and State Office of
Archaeology and Historic Preservation. In such case, the applicant shall be
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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
(RCW 27.53.070 or its successor).
NON-SEPA CONDITIONS:
2 The applicant shall obtain a Grading Permit from the City prior to construction and
demonstrate in the Grading Permit application, through site plans and other submittal
requirements, compliance with the redevelopment standards found in BIMC Section
1520040; 1520040A, 1520060.B; 15.20 060.C 1-12.
3 No building permit shall be issued until the applicant submits satisfactory plans
demonstrating that required parking facilities will be provided and maintained. These
plans must meet the design, circulation, 6 percent grade, and walkway requirements of
BIMC 18.81 and must be approved by the project planner and City Engineer prior to
building permit issuance.
4 Prior to building permit issuance, the water slide stair tower proposed for the west side of
the new building must be reduced in height to a maximum height of30 feet to conform to
the building height limitations ofBIMC 18.27.070(A). Building height is defined inBIMC
l806.130 No portion ofthe new pool addition building shall exceed the maximum
building height of30 feet.
5 The owner shall record a declaration with the Kitsap County Auditor showing the land to
be bound by a conditional use permit.
a. The declaration shall reference the official files of the city through which the
permit was granted.
b. The declaration shall be a covenant running with the land.
c No building permit shall be issued unless such declaration is recorded. No building
permit shall be issued for structures other than those specified in the permit
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6 AIl light sources shall be hooded or shielded so the lamp is not visible from adjacent
properties or public rights of way.
7 Landscaping requirements (BIMC 18 85) shall be met prior to final inspection.
a. Preserve significant trees and tree stands located in perimeter landscape areas and
within the site's interior. Retain 30 percent of the significant tree canopy on the
site (which may include the perimeter landscape areas, critical areas and critical
area buffers.
b New plant materials shall include native species or non-native species that have
adapted to the climatic conditions of the coastal region of the Puget Sound
Region
c New plant materials shall consist of drought resistant species, except where site
conditions within the required landscape areas assure adequate moisture for
growth.
d. Performance assurance is required to assure the city that the landscape, required by
this section, is properly installed, will become established and be adequately
maintained. The required landscape shall be installed prior to the issuance of a
temporary certificate of occupancy for the project. A Washington landscape
architect, Washington certified nursery professional or Washington certified
landscaper shall submit a landscaping declaration to DPCD to verify installation in
accordance with the approved plans.
e Maintenance Assurance: BIPRD shall replace any unhealthy or dead plant
materials in conformance with the approved planting plan. A maintenance
assurance device shall be required for a period of three years after acceptance by
the city of the new planting or transplanting of vegetation to insure proper
installation, establishment, and maintenance. The form and type of maintenance
assurance device required for the BIPRD shall be determined by DPCD and
approved by DPCD prior to issuance of a temporary occupancy permit.
8 The proposed cafe/snack bar concession for retail sales to pool visitors will not be allowed
at this facility.
9 Cleared vegetation must be removed from the site and processed by chipper or some other
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method of disposal that does not require burning.
1 () Prior to building permit issuance, plans shall clearly show topographical elevations and
grades, averaged grade calculations, and building elevations with delineated heights
corresponding to the topographical elevations markings that show conformance with Title
I 8 height measurement.
J I This approval is based upon the drawings submitted by the applicant dated 3-1-2000.
J 2. The BIPRD shall include in this project a safe pedestrian access from Madison Avenue
North to the pool facility entrance on the northeast corner ofthe new pool building. This
safe pedestrian access can include a combination of sidewalks, pedestrian walkways and
properly marked pedestrian crossings which clearly show a designated pedestrian route
from the Madison Avenue North entrance to the pool facility. This additional pedestrian
walkway plan must be approved by the DPCD and the City Engineer prior t.o construction.
The pedestrian walkway access must be in place prior to issuance of a temporary
certificate of occupancy for the new pool building.
13 The access road located on the west side ofthe Ray Williamson Memorial Pool is a one
lane road which provides access to the parking lot at the south end of the pool buildings.
This access road shall be gated just south of the access gate for the propane tank located
on School District property to the west of the pool buildings. This gate shall remain
closed at all times except for emergency access. The parking lot to the south of the pool
buildings will not be used by the BIPRD for pool personnel or patron parking, but will
remain for the exclusive use of the BISD.
14. A joint use parking agreement has been made with the BISD allowing both School District
and BIPRD District patrons to use the large school parking located immediately to the
east of the pool buildings. A written memorandum describing the joint use agreement
must be submitted to the Director ofDPCD for approval prior to issuance of a temporary
certificate of occupancy for the pool buildings. This agreement must demonstrate to the
Director's satisfaction that adequate parking is available at the site.
15. Prior to any tree removal at the site, the applicant must provide the DPCD with a written
declaration from the Washington State Department of Natural Resources verifYing that no
forest practices permit is required at the site.
I 6 A storm water drainage plan and proposed stormwater control facilities plan must be
approved by the City Engineer prior to construction. Engineering studies submitted by the
applicant must include an analysis of the off-site stormwater flow from this site prior to
new construction. This off:site stormwater flow must be maintained at pre-development
volumes after completion of the project. In addition, the engineering plans submitted by
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the applicant must address the treatment and disposal of pool water from the facility. The
method of treatment and disposal of pool water must be approved by the City Engineer
prior to issuance of a temporary certificate for occupancy of the pool building.
DECISION
The BIPRD application for Conditional Use Permit to build a new public recreational pool
facility on the School District's property is granted subject to the SEP A and Non-SEP A
conditions listed in Conclusion of Law 16.
Dated this 17th day of August, 2000
~J~~
Robin Thomas Baker
Hearing Examiner Pro Tem
This Decision will become final unless the decision of the Hearing Examiner is appealed to the
City Council in accordance with the provisions ofBIMC 2.16.140.
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