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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, CUP12-06-99-1 AND VAR12-06-99-1 Hainbridge Island Parks and Recreation District Page -1- 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 CUP12-06-99_1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -2- 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. rUP12 06-99-1 AND VAR12-o6-99 I Rainhridge Island Parks and Recreation District Page -3- 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 CUP12-06-99-1 AND V AR12-06-99-1 Bainbndgc Island Parks and Recreation District Page -4- 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 ClIP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -5- 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 CUP12-06-99-1 AND VAR12-06-99-1 Hainbridge Island Parks and Recreation District Page -6- 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 CUP12-06-99-1 AND VAR12-06-99-1 13ainhridgc Island Parks and Recreation District Page -7- 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 CUP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -8- 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. CUP12-06-99-1 AND VAR12-06-99-1 13ainbridge Island Parks and Recreation District Page -9- 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 CUP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -10- 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. CUP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -11- 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 CUP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -12- Hearing Examiner City of Bainbridge Island 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. ClJP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page - 13- Hearing Examiner City of Bainbridge Island 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 CUP12-06-99-1 AND VAR12..o6.99-1 Bainbridge Island Parks and Recreation District Page -14- Hearing Examiner City of Bainbridge Island 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 CUP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -15- Hearing Examiner City of Bainbridge Island 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 CUP12-06-99-1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -16. Hearing Examiner City of Bainbridge Island 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 CUP12 06 99 1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -17- Hearing Examiner City of Bainbridge Island 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. CUP12-06-99 1 AND VAR12-06-99-1 Bainbridge Island Parks and Recreation District Page -18- Hearing Examiner City of Bainbridge Island