HEX Bainbridge Island Fire Station #21 Decision 120116December 1, 2016
CITY OF BAINBRIDGE ISLAND, WASHINGTON
HEARING EXAMINER
REPORT AND DECISION
Project: Bainbridge Island Fire Department Station 21
Conditional Use Permit / Site Plan and Design Review
File Number: PLN 11791 B CUP/ SPR
Applicant: Mackenzie
C/O Michael Chen
500 Union Street, Suite 545
Seattle, WA 98101
Owner: Bainbridge Island Fire Department
Location: 8895 Madison Avenue, being portions of Sect. 22, T. 25N. R. 02E. W.M. Tax
parcel numbers 222502-1-023-2000 and 4169-000-050-0206
Request: The proposed project is the redevelopment of the existing fire station on the site,
Station #21. The redeveloped fire station will have two stories with
approximately 30,760 square feet with living quarters, meeting spaces, offices,
storage areas, and apparatus bays. The existing memorial and helicopter landing
pad and fence will remain.
SEPA Review: A Mitigated Determination of Non -Significance was issued on October 11, 2016.
Zoning and Plan R-2, Residential zone, two units per acre
Designations: OSR-2, Open Space Residential, two units per acre
FINDINGS OF FACT
Site Characteristigs
ASSESSOR'S RECORD INFORMATION:
222502-1-023-2000 and 4169-000-050-0206, Bainbridge Island Fire District, 3.91 Acres
2. TERRAIN:
The property is relatively flat. The parcel has a few trees around its perimeter with a large
triangular cluster at the corner of SR305 and Madison Avenue.
CUP AND SITE PLAN REVIEW DECISION - 1
SITE DEVELOPMENT/EXISTING USE:
The site contains an existing fire station and related improvements, including parking, a
memorial, a helipad and living facilities.
4. ACCESS:
Vehicular access to the site is from Madison Avenue
PUBLIC SERVICES:
a. Police - Bainbridge Island Police Department
b. Fire - Bainbridge Island Fire District
6. EXISTING ZONING/ COMPREHENSIVE PLAN DESIGNATION:
R-2, two units per acre residential zone
OSR-2, Open Space Residential, two units per acre
7. SURROUNDING ZONING/COMPREHENSIVE PLAN DESIGNATION:
a. North: R-2
b. East: R-2
C. South: B/I
d. West: B/I
8. SURROUNDING USES:
North: Single-family Residential Development
East: Highway 305/Single Family
South: Mini Storage/Church
West: Bainbridge Artisan Resource Network (under construction)
Procedural_ History
9. A pre -application conference was held December 1, 2015. The Design Review Board reviewed
the pre -application proposal on December 21, 2015, and made several design recommendations. A
public participation meeting was held at the City on January 11, 2016. Comments and responses from
that meeting appear as Exhibit 13, Attachment A.
10. A formal application for Site Plan and Design Review Approval and a Conditional Use Permit
were submitted on January 15, 2016. The application was returned to the Design Review Board on
February 22, 2016, which discussed the revised drawings and recommended approval of the
application. More revisions to the application were submitted on March 4, 2016. A notice of
technically complete application was issued on March 9, 2016, with additional information to be
provided prior to final processing.
11. A Notice of Application/SEPA comment period was issued March 11, 2016. Further revisions
to the application were received on April 29,2016. On June 7, 2016 a Preliminary Technical
Information Report (drainage report) was submitted to the City, and on June 22, 2016 the Development
Engineer indicated that the revisions remained deficient. Additional revised stormwater plans and
CUP AND SITE PLAN REVIEW DECISION - 2
technical documents were submitted on September 12 and 23, 2016. The City Development Engineer
provided final comments and recommended conditions on October 6, 2016. A SEPA Mitigated
Determination of Non -Significance was issued by the SEPA Official on October 11, 2016; no appeals
of the SEPA determination were filed.
12. On October 27, 2016 the City of Bainbridge Island Planning Commission reviewed the
proposed application and recommended its approval, adding a further condition regarding development
planning for a new bike lane along Madison Avenue and approving requested additional parking
spaces.
13. Pursuant to BIMC Chapter 2.16.170 an applicant needing two or more land use applications for
a single project may request that the applications be processed under a single consolidated project
review to be conducted according to the procedures mandated for the highest rated application. The
proposed project needs both Site Plan and Design Review and a Conditional Use Permit, with the CUP
requiring a public hearing before the Hearing Examiner. The two applications were thus subject to
review by the Hearing Examiner under the consolidated project review provisions, with a consolidated
public hearing held on November 17, 2016.
Comprehensive Plan Consistency
14. A fire station is an essential public facility that is accorded preferential treatment as a proposed
use. The Land Use Element of the Comprehensive Plan offers the following guidance regarding the
Siting of Essential Public Facilities:
GOAL 1
The needs of the community shall be met by providing public facilities and services that are
equitably distributed throughout the community; that are located and designed to be safe and
convenient to the people they serve; that provide flexibility of use and maximum eff ciency; and
that are compatible with adjacent uses, the environment, and preservation of public health and
safety.
Since Station 21 is an existing facility that the Fire Department proposes to demolish and replace on the
same parcel, the basic siting decision was made long ago and does not require revisiting. The larger
new facility does not propose major staffing increases nor the addition of further uses.
15. The only public hearing testimony offered concerning this application was provided by two
members of the Bainbridge Artisan Resource Network (BARN), which is in the process of building a
facility with artist studio spaces on the property adjacent to the fire station to its west. The testimony
was to the effect that some early participants in the BARN enterprise had discovered a shortcut through
the fire station property that would save its bus -riding clients a few steps in their walks to and from the
transit stop on SR 305. Without access to the shortcut these clients would be required to walk south to
NE New Brooklyn Road, then east on New Brooklyn to Madison Avenue N and back north on Madison
to a newly planned crosswalk. There are currently no sidewalks on either the north side of New
Brooklyn nor the west side of Madison, but the Fire Department has agreed to their installation along
its portion of these road frontages.
16. A trail adjacent to the west side of the fire station property apparently allows individuals
walking from the BARN site to cut through to the emergency services helipad located near the parcel's
south end and then through the parking lot to Madison Avenue. The BARN representatives urged that
CUP AND SITE PLAN REVIEW DECISION - 3
the Department be required to recognize and maintain the helipad route as a public access. When the
Department pointed out that the helipad is a dangerous facility when in use and is in fact cordoned off
at such times, the folks from the BARN suggested instead that perhaps a trail could be established north
of the fire station through a less used buffer area.
17. If the Fire Department can voluntarily agree to establish a walking path across the station
property at some location that it would deem acceptably safe, nothing within this permit review would
preclude such from happening. But an obligation to establish a facility totally unrelated to its critical
public function cannot be a requirement of this permit approval. While the City has adopted rather
ambitious trail policies in its Non -Motorized Transportation Plan, not even they can be reasonably
interpreted to require such an outcome. One of the cardinal principles of the permit review process is
that an applicant can only be legally compelled to provide amenities that mitigate the impacts of its
proposal. Providing a minor convenience to a neighboring property owner does not qualify as a
circumstance warranting mandatory mitigation.
Regulatory Compliance
18. The proposal is subject to noise regulations under BIMC Chapter 16.16 as such relate to
construction hours and the maximum environmental noise levels generated by the proposed uses on the
property. Since the construction for this proposal will occur within 100 feet of residentially zoned
properties, such activities are limited to certain hours and days of the week in accordance with BIMC
16.16.025. The maximum allowed environmental noise levels are set by state law and include specific
exemptions for emergencies.
19. The purpose of the R-2 zone as stated in BIMC Chapter 18.06.020C is to provide for residential
neighborhoods having a special island character complementary to other low intensity land uses such as
agriculture and forestry, consistent with the preservation of natural systems and open space. The
proposed replacement fire station is harmonious with the purpose of this district as it will offer an
essential public facility directly serving nearby residential neighborhoods. The subject property is well
suited for a fire station as it only encounters residential uses on one side and these are separated from
the station by both a large open space area within the subdivision and a 25 -foot buffer on the subject
property. The use table at BIMC 18.09.020 lists governmental facilities among the uses conditionally
permitted within the R-2 zone.
20. Within the R-2 zone, pursuant to BIMC Chapter 18.12 the maximum lot coverage is set at 20
percent. The proposed lot coverage for this development is 13.1 percent overall (approximately 22,300
square feet of building footprint). A minimum setback from the SR 305 right-of-way exists at 50 feet
in order to accommodate the required landscape buffer. Front yard setbacks along Madison Avenue
and New Brooklyn Road are 25 feet; the proposed building is 46 feet from the street at its closest point.
All other setback and buffer requirements will be met. The standard building height limitation is 30
feet, but non-residential structures meeting conditional use decisional criteria may go up to 35 feet.
The proposed building will have a height of 34 feet.
21. BIMC Chapter 18.15 deals with Development Standards and Guidelines. BIMC 18.15.005
requires, among other things, compliance with the critical areas standards of BIMC Chapter 16.20 and
the drainage standards of BIMC Chapters 15.20 and 15.21. No regulated critical areas have been
identified on the parcel. But as noted below, much of the property originally consisted of wetlands that
were filled years ago to create a dry building site.
CUP AND SITE PLAN REVIEW DECISION - 4
22. The hearing record documentation regarding stormwater management compliance is sketchy.
The staff report recites that the project will provide "rain gardens, and infiltration/dispersal systems that
will allow water to return to the soil," but this assertion is not supported by the technical documents.
The Aspect Consulting Geotechnical Engineering Report dated December 30, 2015, contained at page
12 the following statement:
Our field testing and analyses indicate the Site conditions do not readily accept infiltrating
stormwater and we recorded unfactored infiltration rates of 0 inches per hour. Based on the
results of the field infiltration testing, the completed soil borings, and the historic presence of
wetlands and ponds on the Site, stormwater infiltration is not recommended.
23. Many of the application revisions documented in the staff report in fact appear to have centered
on deficiencies in the project stormwater analysis. As late as September 14, 2016, the City's
Development Engineer, Janelle Hitch, was still asking the applicant for very basic information as to the
project stormwater plan: uncertainty still remained as to whether 1.14 acres of proposed disturbed area
needed to be included in the project stormwater runoff calculations; a downstream analysis had yet to
be submitted; permission to outfall stormwater to the WSDOT right-of-way had yet to be secured; and
a water quality treatment strategy had yet to be defined (Exhibit 9).
24. Three weeks later Ms. Hitch issued a short memo indicating generically that all stormwater
concerns had been resolved (Exhibit 13, Attachment T). No specific new technical documents were
referenced, and no drainage reports were submitted to the hearing record. The project drainage issues
certainly appear manageable, but no conclusive findings as to actual feasibility can be made on an
empty technical record. A condition will thus be added to the decision requiring documentation of
stormwater compliance. If the project will add 5000 square feet of impervious surfaces to the existing
total, compliance with all ten of the Minimum Requirements stated in the 2005 Ecology Stormwater
Manual is mandated.
25. BMC 18.15.010 requires the project to provide a 25 -foot average full -screen perimeter
landscape buffer next to the single-family use to the north and a similar 20 -foot landscape buffer next
to the business industrial zoned properties to the west. The western 20 -foot landscape buffer will also
accommodate a fire apparatus access driveway (minimum proposed width of 13 -feet). A 50 -foot partial
screen buffer will be required adjacent to the SR 305 right-of-way and a 25 -foot partial screen along the
Madison Avenue and New Brooklyn Road frontages. Much of the existing landscape buffering along
these frontages will also be retained, subject to cuts for access driveways and an existing fire apparatus
exit driveway.
26. The parking lot landscaping requirement entails providing one tree for every four parking stalls.
With 43 parking stalls proposed, 11 parking lot related trees will need to be planted. The applicant has
generously proposed planting almost 129 new trees. The total site tree requirements for non-residential
development within the R-2 zone is 40 tree units per acre. The property contains 2.88 acres outside the
required buffers; therefore, a total of 115.2 tree units would typically be required in addition to the
significant trees being preserved within required perimeter and roadside buffers. The proposal is
retaining 96.8 tree units and proposing to plant 129 trees. While some of the replanted trees are
required for buffer and the parking lot tree planting requirements, the proposed retained and planted
trees combined substantially exceed the minimum tree unit requirements.
27. The proposed building use is as a fire station facility. The parking regulations stated at BMC
18.15.020 require enough spaces to meet the peak demand. 43 parking spaces are proposed, which
CUP AND SITE PLAN REVIEW DECISION - 5
exceeds the 28 space peak parking demand forecasted by the Bainbridge Island Fire Department. The
Planning Commission reviewed this proposal and approved the additional spaces at their meeting on
October 27, 2016. Design requirements for mobility and access and for management of outdoor
lighting will also be imposed.
28. Under BIMC Chapter 18.18 the project is subject to the commercial and mixed-use design
guidelines applicable to all zoning districts. The application was first reviewed by the Design Review
Board (DRB) on December 21, 2015, during the pre -application phase. The Design Review Board
offered suggestions during that meeting and the applicant responded by making several modifications
to the design, mainly addressing the proposed entrance to the building, the visual approach from the
south and the roofline.
29. The Design Review Board again reviewed the proposal after receipt of the formal Site Plan and
Design Review Application on February 22, 2016. The Board reviewed the design line checklist and
found the design compliant with the guidelines but also wanted to see the landscaping plans. At the
March 7, 2016 DRB meeting the landscape architect for the project presented the landscape plan and
the Board finalized its recommendation for approval of the station as presently designed.
CONCLUSIONS
1. BIMC 2.16.040E states the following criteria to be applicable to a site plan and design review
approval:
1. The site plan and design is in conformance with applicable code provisions and development
standards of the applicable zoning district, unless a standard has been modified as a housing
design demonstration project pursuant to BIMC 2.16.020.Q;
2. The locations of the buildings and structures, open spaces, landscaping, pedestrian, bicycle
and vehicular circulation systems are adequate, safe, efficient and in conformance with the
nonmotorized transportation plan;
3. The Kitsap County health district has determined that the site plan and design meets the
following decision criteria:
a. The proposal conforms to current standards regarding domestic water supply and sewage
disposal; or if the proposal is not to be served by public sewers, then the lot has sufficient area
and soil, topographic and drainage characteristics to permit an on-site sewage disposal system.
b. If the health district recommends approval of the application with respect to those items in
subsection E.3.a of this section, the health district shall so advise the director.
c. If the health district recommends disapproval of the application, it shall provide a written
explanation to the director.
4. The city engineer has determined that the site plan and design meets the following decision
criteria:
CUP AND SITE PLAN REVIEW DECISION - 6
a. The site plan and design conforms to regulations concerning drainage in Chapters 15.20 and
15.21 BIMC; and
b. The site plan and design will not cause an undue burden on the drainage basin or water
quality and will not unreasonably interfere with the use and enjoyment of properties
downstream; and
c. The streets and pedestrian ways as proposed align with and are otherwise coordinated with
streets serving adjacent properties; and
d. The streets and pedestrian ways as proposed are adequate to accommodate anticipated
traffic; and
e. If the site will rely on public water or sewer services, there is capacity in the water or sewer
system (as applicable) to serve the site, and the applicable service(s) can be made available at
the site; and
f. The site plan and design conforms to the "City of Bainbridge Island Engineering Design and
Development Standards Manual," unless the city engineer has approved a variation to the road
standards in that document based on his or her determination that the variation meets the
purposes of BIMC Title 18.
5. The site plan and design is consistent with all applicable design guidelines in BIMC Title 18,
unless strict adherence to a guideline has been modified as a housing design demonstration
project pursuant to BIMC 2.16.020. Q;
6. No harmful or unhealthful conditions are likely to result from the proposed site plan;
7. The site plan and design is in conformance with the comprehensive plan and other applicable
adopted community plans;
8. Any property subject to site plan and design review that contains a critical area or buffer, as
defined in Chapter 16.20 BIMC, conforms to all requirements of that chapter;
9. Any property subject to site plan and design review that is within shoreline jurisdiction, as
defined in Chapter 16.12 BIMC, conforms to all requirements of that chapter;
10. If the applicant is providing privately owned open space and is requesting credit against
dedications for park and recreation facilities required by BIMC 17.20.020.C, the requirements
of BIMC 17.20.020.D have been met,
11. The site plan and design has been prepared consistent with the purpose of the site design
review process and open space goals;
12. For applications in the BII zoning district, the site plan and development proposal include
means to integrate and re -use on-site storm water as site amenities.
2. As summarized in the findings above and documented in both the staff report and the materials
prepared by the applicant, the proposal, as conditioned, is in conformance with the Bainbridge Island
Comprehensive Plan and Municipal Code. The proposed development provides for the replacement of
an essential public facility and is for a use conditionally allowed by the Municipal Code within the R-2
zoning district. The requirements of BIMC 17.20.020 are not relevant to this application because the
proposal contains no new dwelling units and is not located within the B/I zoning district.
CUP AND SITE PLAN REVIEW DECISION - 7
3. The Health District reviewed the project and had no comment. The City's Development
Engineer reviewed the submitted civil plans and has found them to be consistent with applicable
requirements. The proposed development was reviewed by the Design Review Board at the pre -
application stage and during the Site Plan and Design Review process. The applicant has incorporated
relevant Design Review Board recommendations into the final design of the buildings and layout of the
site. As now proposed, the design of the building form, wall articulation, roof form, landscaping and
overall layout is consistent with the intent of the applicable design guidelines.
4. The proposed site plan provides building layout, parking and circulation systems that are an
efficient use of the available land while providing required setbacks and screening from the adjacent
properties as well as open space. No critical areas have been identified on the subject property. The
proposed site plan was prepared consistent with the overall purpose and goals of the Site Plan and
Design Review process. This process provided a means for guiding the development in a logical, safe,
attractive and expedient manner. The requirements of BIMC 2.16.040E for a site plan and design
review approval have been met by the proposal.
5. BIMC 2.16.110D and E provide the decisional criteria governing approval of a major
conditional use permit application in a residential zone:
D. Decision Criteria.
1. A conditional use may be approved or approved with conditions if.•
a. The conditional use is harmonious and compatible in design, character and
appearance with the intended character and quality of development in the vicinity of the
subject property and with the physical characteristics of the subject property; provided,
that in the case of a housing design demonstration project any differences in design,
character or appearance that are in furtherance of the purpose and decision criteria of
BIMC 2.16- 020. Q shall not result in denial of a conditional use permit for the project;
and
b. The conditional use will be served by adequate public facilities including roads,
water, fire protection, sewage disposal facilities and storm drainage facilities; and
c. The conditional use will not be materially detrimental to uses or property in the
vicinity of the subject property; and
d. The conditional use is in accord with the comprehensive plan and other applicable
adopted communityplans, including the nonmotorized transportation plan; and
e. The conditional use complies with all other provisions of the BIMC, unless a
provision has been modified as a housing design demonstration project pursuant to
BIMC ?.16.020. Q; and
f. All necessary measures have been taken to eliminate or reduce to the greatest extent
possible the impacts that the proposed use may have on the immediate vicinity of the
subject property; and
g. Noise levels shall be in compliance with BIMC M
2.16.020 and 16-16.04 A; and
h. The vehicular, pedestrian, and bicycle circulation meets all applicable city standards,
unless the city engineer has modified the requirements of BIMC 18.1a.020.B.4 and B.5,
allows alternate driveway and parking area surfaces, and confirmed that those surfaces
CUP AND SITE PLAN REVIEW DECISION - 8
meet city requirements for handling surface water and pollutants in accordance with
Chapters 15.20 and 15.21 BIMC; and
i. The city engineer has determined that the conditional use meets the following decision
criteria:
i. The conditional use conforms to regulations concerning drainage in Chapters
15.20 and 15.21 BIMC; and
ii. The conditional use will not cause an undue burden on the drainage basin or
water quality and will not unreasonably interfere with the use and enjoyment of
properties downstream; and
iii. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
iv. The streets and pedestrian ways as proposed are adequate to accommodate
anticipated traffic; and
v If the conditional use will rely on public water or sewer services, there is
capacity in the water or sewer system (as applicable) to serve the conditional
use, and the applicable service(s) can be made available at the site; and
vi. The conditional use conforms to the "City of Bainbridge Island Engineering
Design and Development Standards Manual, " unless the city engineer has
approved a variation to the road standards in that document based on his or her
determination that the variation meets the purposes of BIMC Title 17.
j. If a major conditional use is processed as a housing design demonstration project
pursuant to BIMC 2. 16.02.1. Q, the above criteria will be considered in conjunction with
the purpose, goals, policies, and decision criteria of BIMC 2.16.020. Q.
2. If no reasonable conditions can be imposed that ensure the application meets the decision
criteria of this chapter, then the application shall be denied.
E. Additional Decision Criteria for Institutions in Residential Zones.
Applications to locate any of those uses categorized as educational facilities, governmental
facilities, religious facilities, health care facilities, cultural facilities, or clubs in Table
18.09.020 in residential zones shall be processed as major conditional use permits and shall be
required to meet the following criteria, in addition to those in subsection D of this section:
L All sites must front on roads classified as residential suburban, collector, or arterial on the
Bainbridge Island functional road classification map.
2. If the traffic study shows an impact on the level of service, those impacts have been mitigated
as required by the city engineer.
3. If the application is located outside of Winslow study area, the project shall provide
vegetated perimeter buffers in compliance with BIMC 18.15.010.
4. The proposal meets the requirements of the commercial/mixed use design guidelines in BIMC
18.18.030. C.
CUP AND SITE PLAN REVIEW DECISION - 9
5. The scale of proposed construction including bulk and height and architectural design
features is compatible with the immediately surrounding area.
6. If the facility will have attendees and employees numbering fewer than 50 or an assembly
seating area of less than 50, the director may waive any or all the above requirements in this
subsection E, but may not waive those required elsewhere in the BIMC.
7. Lot coverage does not exceed 50 percent of the allowable lot coverage in the zone in which
the institution is located, except that existing public schools and governmental facilities, as
defined in BIMC Title 18 shall be allowed 100 percent of the lot coverage established in the
underlying zoning district in which it is located unless conditions are required to limit the lot
coverage to mitigate impacts of the use.
6. The proposed development is for the replacement of an existing fire station, an essential public
facility, with a similar but larger station. With few surrounding single-family residential uses, the fire
station, which has been in existence and operation for many years, fits well into the neighborhood
pattern. No concerns were raised during the public comment period. Other adjacent developments
include a mini -storage facility and the new Bainbridge Artisans Resource Network (BARN) complex.
The proposed conditional use is consistent with the goals and policies of the Comprehensive Plan.
7. As conditioned, the proposed use will be adequately served by public roads, water, sewer, fire
protection and storm drainage facilities. Allowing the reconstruction and expansion of the fire station
will not be materially detrimental to existing uses in the vicinity because the site's function will
continue much as it has for many years. Proper access, parking, circulation, landscaping are being
provided. The conditional use complies, as does the building analyzed within the Site Plan Review,
with all provisions of the BIMC, except that during emergencies noise standards may be exceeded by
ambulances, fire trucks and medivac helicopters traveling to and from the facility.
8. The Site Plan Review and Conditional Use Permit applications have been reviewed by the
City's development engineer and, as conditioned, the vehicular, pedestrian, and bicycle circulation
plans will meet all applicable City standards and pollution controls. Pedestrian improvements are
being required along the site's New Brooklyn Road frontage and will provide a mid -block crossing on
Madison Avenue. The subject property fronts onto Madison Avenue, a collector arterial. The project
trip generation data did not demonstrate an increased level of service impact requiring mitigation.
9. The DRB reviewed the project and provided a recommendation of approval. As a fire station,
the construction design must meet unique architectural requirements but they will be compatible with
the immediate surrounding properties, which include a church, a mini storage facility and the new
Bainbridge Artisans Resource Network (BARN) complex. As the replacement of an existing
governmental facility, the fire station would be permitted to achieve 100 percent lot coverage, but the
proposal is only for 13% lot coverage, well below the 20 % normally allowed by the zoning.
10. Based on the record as a whole, the fire station application meets the requirements of BIMC
2.16.110D and E for the issuance of a major conditional use permit.
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DECISION
The Bainbridge Island Fire Department Station 21 Conditional Use Permit and Site Plan and Design
Review applications (file no. PLN11791B CUP/ SP) are APPROVED, subject to the following
conditions:
SEPA Conditions
All graded materials removed from the subject property shall be hauled to and deposited at City
approved locations (Note: local regulations require that a grade/fill permit is obtained for any
grading or filling of 50 cubic yards of material or more if the grading or filling occurs on sites that
have not been previously approved for such activities. A SEPA Threshold Determination is
required for any fill over 100 cubic yards on sites that have not been previously received a SEPA
determination).
2. Contractor is required to stop work and immediately notify the Department of Planning and
Community Development and the Washington State Office of Archaeology and Historic
Preservation if any historical or archaeological artifacts are uncovered during excavation or
construction.
3. To mitigate the possible impact on adjacent properties from light and glare, all exterior lighting
shall be hooded and shielded so that the bulb is not visible from adjacent properties. All
landscape lighting shall be downcast and lighting within surface parking lots shall be no higher
than 14 feet above grade. All exterior lighting shall comply with BIMC Chapter 15.34.
4. Prior to any clearing or grading on the site, chain-link construction fencing shall be installed and
inspected by the City at the edge of the tree's dripline for trees being preserved as part of the
development.
5. All construction activities shall comply with the construction operating hours limitations
contained in BIMC Chapter 16.16. Noise produced by this development must comply with the
maximum environmental noise levels established by the Washington Administrative Code 173-60
or its successor.
6. Frontage improvements along New Brooklyn Road must be completed prior to Certificate of
Occupancy and/or Final Inspection. Frontage improvements include pedestrian sidewalk and bike
lane.
7. A mid -block crosswalk on Madison Avenue must be designed, approved, and constructed prior to
Certificate of Occupancy and/or Final Inspection.
8. All on-site stormwater facilities shall remain privately owned and maintained. The owner shall
be responsible for maintenance of the storm drainage facilities for this development following
construction. Annual inspection and maintenance reports shall be provided to the City. A
declaration of Covenant for stormwater system operation and maintenance will be required to be
recorded before issuance of occupancy permits. The approved language for the Declaration of
Covenant is found in BIMC 15.21.
CUP AND SITE PLAN REVIEW DECISION - 1 I
Project Conditions:
9. The site shall be developed in substantial conformance with the revised site plans date stamped
September 29, 2016 and building elevations date stamped received October 17, 2016.
10. The 50 -foot averaged full landscape screen along Highway SR305, as shown on the submitted
plans, shall be maintained between the proposed development and Highway SR 305 to the west.
All existing trees within the required buffers shall be retained and protected during and after
construction.
11. The applicant shall obtain an approved building and/or grading permit from the Department of
Planning and Community Development, prior to any construction activities on the site.
12. Sign permits shall be obtained as required by BIMC Section 15.08.
13. Parking shall be improved in substantial conformance with the approved site plan. The parking
area shall be paved, all stalls shall be striped to their full dimensions and appropriate signage shall
be placed at each handicap stall(s). Each parking stall shall meet the dimensional standards of
BIMC Table 18.15.020-3 outside of required driving aisles or minimum sidewalk width of five
feet.
14. The primary walkways throughout the development shall meet accessibility requirements
including being surfaced with nonskid hard surfaces and providing a minimum of five feet of
unobstructed width.
15. A minimum of 10 bicycle spaces shall be installed prior to final inspection. The racks shall allow
for the wheel and frame of the bicycle to be locked. The bicycle stalls shall provide for both
visitors and employees of the station.
16. All landscaping shall be installed as provided in the approved landscaping plans or a performance
assurance device shall be submitted and approved, prior to final inspection of the station. The
installation of landscaping shall be verified by a Landscape Professional and a landscaping
declaration shall be signed by either the certified landscape professional or owner.
17. Prior to occupancy of the station or the release of a landscaping performance assurance, a
landscaping maintenance assurance device for the required landscaping shall be provided to
COBI for a period of three years. All landscaping and buffers shall be maintained for the life of
the project.
18. An International Society of Arboriculture (ISA) valuation for all trees, where the critical root zone
of a tree required to be retained may be impacted by clearing, grading construction, development,
or maintenance, shall be submitted to issuance of the building permit for the station.
19. In order to define the circulation system and pedestrian separation, raised curbs shall be used to
separate landscaping and raised walkways from parking stalls and drive aisles.
20. Exterior trash receptacles/recycling facilities shall be fully screened with solid walls and gates (no
chain-link fencing). The screening enclosures shall be architecturally consistent with the adjacent
CUP AND SITE PLAN REVIEW DECISION - 12
station. All enclosures shall be constructed and inspected prior to final inspection.
21. At the time of building permit submittal, detailed lighting plans demonstrating compliance with
the lighting standards shall be submitted for review and approval by the COBI.
22. All mechanical equipment shall either be located underground, incorporated into landscaping or
integrated within the building or roof form of the building.
23. Proposed fire station must be equipped with fire sprinklers and fire alarms as per the adopted
code.
24. Project improvements made along the Madison Avenue shall be constructed in a manner that does
not preclude the expansion of the road surface to accommodate a full bicycle lane.
25. Prior to building permit issuance, the applicant shall demonstrate compliance with requirements
of the state Department of Ecology's 2005 Stormwater Management Manual for Western
Washington ("the DOE Manual"), which has been adopted as a regulatory control by the City
pursuant to BIMC 15.20.050.A. Under both Section 2.4.1 of the Manual and BIMC 15.20.060.C,
compliance with the full menu of ten Minimum Requirements is mandated whenever a project
creates or adds 5,000 square feet, or more, of new impervious surface area.
26. Nothing in this permit approval precludes the applicant from agreeing to the creation of a
pathway through the site for use of pedestrians going to and from the BARN facility adjacent to
the west, if such pathway can be established at a location that does not interfere with fire station
operations.
ORDERED December 1, 2016.
o
City of Bainbridge Island
The Hearing Examiner is authorized to make the City of Bainbridge Island's final decision on
conjoined Conditional Use Permit and Site Plan and Design Review applications. A party with
standing may seek judicial review of this decision by filing a timely suit in Kitsap County Superior
Court under the Land Use Petition Act.
The exhibit list prepared by the Clerk of the Hearing Examiner's Office is attached.
CUP AND SITE PLAN REVIEW DECISION - 13
EXHIBIT LIST
Bainbridge Island Fire Department Station 21
Site Plan and Design Review/Conditional Use Permit
PLN11791B CUP/SPR
Staff Contact: Public Hearing:
Josh Machen, Planning Manager November 17, 2016
Hearing Examiner: Stafford L. Smith
NO.
DOCUMENT DESCRIPTION
DATE
1
Application — Site Plan Review
01/15/2016
Received
2
Site Plan and Design Review Narrative
01/15/2016
Received
3
Kitsap Health District Review
01/21/2016
Received
4
Environmental (SEPA) Checklist with Staff Comments
01/13/2016
Submitted
5
Notice of Complete Application
03/09/2016
Dated
6
Notice of Application and SEPA Comment Period and Affidavit of Publication
03/11/2016
Published
7
Development Engineer Project Review
03/07/2016
Dated
8
Certificate of Posting — Land Use Action Signs
03/17/2016
Dated
9
Develgpment Engineer Project Review SPR/CUP Revision
09/14/2016
Dated
10
Certificate of Concurrency and Trip Generation Analysis
08/24/2016
Dated
11
Notice of Mitigated Determination of Nonsignificance (MDNS)
10/11/2016
Dated
12
Notice of Public Hearing and Certificate of Distribution and Posting
10/28/16
Published
13
Staff Project Report
10/28/16
A. Public Participation Meeting Summary and comment matrix
Dated
B. Site Plan and Design Review Application, Submitted January 15, 2016
C. Conditional Use Permit Application, Submitted January 15, 2016
D. Vicinity Map/Aerial Photo of Site
E. Project Summary/Introduction/Description of Proposal by Architect
F. Existing Site Conditions Map
G. Site Plan Map
H. First Floor Plan
I. Second Floor Plan
J. Elevation Drawings
K. Building Section
L. Street Perspective Drawing
M. High Angle Perspective Drawing
N. Tree Retention Plan
0. Plant Schedule
EXHIBIT LIST
Bainbridge Island Fire Department Station 21
Site Plan and Design Review/Conditional Use Permit
PLN11791B CUP/SPR
Staff Contact: Public Hearing:
Josh Machen, Planning Manager November 17, 2016
Hearing Examiner: Stafford L. Smith
NO.
DOCUMENT DESCRIPTION
DATE
13
P. Planting Plan (South)
Q. Planting Plan (North)
R. Planting Plan (East)
S. Landscape Buffer Diagram
T. Development Engineer Project Review Memo
U. Design Review Board Minutes, December 21, 2015
V. Design Review Board Minutes, February 22, 2016
W. Design Review Board Minutes, March 7, 2016
X. Bainbridge Island Fire Department Memo/Recommendation
Y. Landscape Plan Supplemental Information
Z. Arborist Analysis of trees potential impacts by development
AA. Letter from Mackenzie regarding parking demand
14
Certificate of Posting Signs
11/01/2016
Dated
15
Planning Commission Staff Report dated 10/18/2016
11/17/16
Admitted