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HEX DECISIONFebruary 13, 2017 CITY OF BAINBRIDGE ISLAND, WASHINGTON HEARING EXAMINER REPORT AND DECISION Project: Montessori Country School Conditional Use Permit / Site Plan and Design Review File Number: PLN 17677 CUP/ SPR Applicant: Montessori Country School 10994 Arrow Point Drive NE Bainbridge Island, WA 98110 Location: 10994 Arrow Point Drive NE Request: Increase campus student population from 83 to 146 and staff from 10 to 18. Construct six new buildings (in addition to the existing building), expanding floor area from 3,550 square feet to 11,853 square feet. Modify existing parking lot and access drive dimensions. SPPA Review: A Mitigated Determination of Non - Significance was issued on December 21, 2016. Zoning and Plan R -1, Residential zone, one unit per acre Designations: OSR -I, Open Space Residential, one unit per acre FINDINGS OF FACT Site Characteristics Tax Assessor Inibrmation: a. Tax Lot Number: 172502-1-087-2000 b. Owner of record: Montessori Country School C. Lot size: 4.38 acres d. Land use: Community and Educational / Educational Facility 2. Background: The Montessori Country School is a non -profit private school that is currently located on two campuses. The school requests approval to expand its Arrow Point Drive campus in order to serve the entire student population on a single site. In 1990 the school revised an existing CUP AND SITE PLAN REVIEW DECISION - 1 Kitsap County Unclassified Use Permit, receiving approval for two preschool sessions per weekday at a maximum of 34 students per session plus an elementary program at a maximum of 30 students (98 students total). 3. Zoning and Comprehensive Plan Designation: The subject property is within the R -1 district and the Open Space Residential (OSR -1) designation. The properties to the north and east are similarly designated. Properties to the west, across Arrow Point Drive, and to the south are zoned R -0.4 with a Comprehensive Plan designation of OSR -0.4. 4. Existing Development: The property contains a private school campus with a school building and associated development, including a parking lot and playground. The property to the north is undeveloped. The property to the east contains single - family residential development. The property to the west is a public park (Battle Point Park). Both properties to the south contain single - family residential development. Access: Vehicular access is provided from Arrow Point Drive via a one -way loop. 6. Soils and Terrain: Site soils are composed of ice - contact deposits overlying Vashon till. The existing school building, parking lot and playground are located in the southwestern portion of the site and the existing septic system is located further east within the southern portion. The remainder of the site is heavily wooded with second growth forest. The topography of the western third of the site is relatively flat. The remainder of the parcel slopes west to east with inclinations ranging from 10 to 40 percent. A small area in the middle of the site contains a slope that exceeds 40 percent but has no individual section greater than ten feet in height. The geotechnical reconnaissance indicates that this slope is relatively stable, with no groundwater seepage observed and no adverse geologic strata sequencing evident. The geotechnical engineer concluded that no regulated geologically hazardous areas are present on the property. Public Services and Utilities: a. Police: City of Bainbridge Island Police Department. b. Fire: Bainbridge Island Fire District. c. Water: On -site well. d. Sewer / Septic: On -site septic system. e. Storm drainage: On -site dispersion is proposed for the parcel's eastern basin and on -site detention for the western basin. Procedural History 8. A pre- application conference was held on October 20, 2015, with a public participation meeting convened on January 4, 2016. Applications for Site Plan Review and Conditional Use Permit were received on June 15, 2016, and deemed complete on July 5, 2016. Public meetings were also held before the Design Review Board and the Planning Commission. 9. The project is subject to State Environmental Policy Act (SEPA) review. Utilizing the optional DNS process provided in WAC 197 -11 -355, the City issued a combined Notice of Application /SEPA comment period on July 15, 2016. The 14 -day comment period ended on July 29, 2016, 'rile City, acting as lead agency, issued a SEPA Mitigated Determination of Nonsignificance (MDNS) for this CUP AND SITE PLAN REVIEW DECISION - 2 proposal on December 21, 2016. The SEPA appeal period expired on January 4, 2017, with no appeals having been filed. 10. Regarding agency comments, the Kitsap Public Health District has approved the application, with subsequent building permits also subject to Health District approval. The Bainbridge Island Fire District has approved the project as conditioned. Both the Design Review Board and the Planning Commission reviewed the proposal. At a public meeting on January 12, 2017, the Planning Commission unanimously recommended approval subject to modified conditions regarding construction fencing and to incorporate septic drainfields into a covenant protecting forested areas associated with stormwater requirements. 11. Two public comments were received prior to the public hearing. One commenter requested assurances that the well, septic and stormwater facilities will be adequate to serve the project. A second neighbor to the south, who also spoke at the public hearing, expressed concern over increased risks to groundwater and aquifers and whether noise levels from the children's play area would interfere with telephone conversations held in her home office. 12. BIMC 2.16.170 allows an applicant for a single project proposal requiring more than one major City land use application to request them all to be processed together within a consolidated project review. A consolidated public hearing on the Montessori Country School applications for Site Plan and Design Review and Conditional Use Permit approvals was held by the City's Hearing Examiner on February 1, 2017. Comprehensive Plan Consistency 13. The staff report documents project consistency with the Land Use, Economic and Cultural Elements of the Comprehensive Plan. Promoting economic diversity and the non- profit sector are favored goals under the Economic Element. The school's emphasis on arts education and inclusion of the natural environment into the program support Cultural Element goals. Regulatory Compliance 14. Educational facilities are listed as conditionally permitted in the R -1 district under the BIMC 18.09.020 Use Table, to be processed as major conditional uses in residential zones (BIMC 18.09.030). Kitsap County granted an Unclassified Use Permit to the Montessori Country School in 1990 to serve preschool and elementary -age children. . 15. Under BIMC 18.12.020 -2 the maximum allowable coverage for residential lots in the R -1 district is 15 percent, with institutions not to exceed 50 percent of the allowable lot coverage (i.e. 7.5 percent). The parcel is 4.38 acres in size and proposed lot coverage is 13,660 square feet, or 7.1 percent of the lot area, therefore meeting this requirement. A small portion of the existing building encroaches three feet into the ten -foot side setback now required along the south property line. All other existing or proposed structures to be located within the setbacks, such as fencing and walkways, are authorized as setback modifications under BIMC Table 18.12.040. All proposed new buildings will lie outside required setbacks. 16. Pursuant to BIMC 18.15.010, a 25 foot wide full screen buffer is required along the perimeter of a non - residential use located within a residential district, which buffer may be reduced via averaging to accommodate a unique situation so long as a minimum ten foot width is maintained. The 25 foot wide partial screen required along rights -of -way also may be averaged. The site must provide at least 40 tree CUP AND SITE PLAN REVIEW DECISION - 3 units per acre following redevelopment, with trees within required landscape buffers not counting toward the tree unit total. 17. The perimeter buffer is proposed to be averaged, as permitted by code. Buffer widths along the northwest and southwest will be reduced in three locations to 15 feet, resulting in a total reduction of 7,650 square feet. As compensation, buffer widths will be increased along the northeast, southeast and east property boundaries to provide a contiguous 35 foot width boundary, providing a total increase of 8,700 square feet. The project is conditioned to maintain the buffers for the life of the project. The development is mandated to provide 177 total tree units (40 X 4.42 acres) to meet the tree retention requirements of BIMC Chapter 18.15. The tree retention schedule specifies that the project will provide 199 tree units. Parking lot landscaping will also be required. 18. During construction the applicant must also identify areas of prohibited disturbance, generally corresponding to the driplines or critical root zones of the existing vegetation to be retained, plus future rain gardens and larger planting areas. Temporary fencing must be installed and posted with signage denoting the vegetation protection area. No impervious surfaces, fill, excavation, vehicle operations, compaction, removal of native soil or storage of construction materials are to be allowed within any protected area defined by construction fencing. 19. BIMC 18.15.020 requires an elementary school to provide one parking space per 50 students plus one space per employee. The proposed development will serve 146 students and 18 staff, resulting in a parking requirement of 21 spaces. The proposed parking lot will supply 26 spaces, including one handicapped - accessible parking space. Additionally, to accommodate all- school events the applicant has a long- standing agreement with the Parks District to use the parking facilities at Battle Point Park across Arrow Point Drive for overflow. 20. The project will provide pedestrian access from Arrow Point Drive through the parking lot plus a second pedestrian access from the parking lot alone, both connecting to the internal sidewalk that fronts the buildings. A dedicated drop -off / pick -up lane will allow students to exit directly onto the internal sidewalk, avoiding interaction between students and vehicles in the parking lot. Walkways and decks will create pedestrian connectivity between buildings. The project conditions mandate appropriate curbs, walkway dimensions and surfacing meeting the requirements of BIMC 18.15.030, as approved by the City Engineer. A bicycle rack is proposed for the southeast side of the parking lot, with the project conditioned to provide at least six bicycle spaces. 21. All outdoor lighting must result in no light trespass, as defined by BIMC 18.15.040. Outdoor lighting is proposed on buildings and along walkways. The project is conditioned to demonstrate compliance with lighting regulations at the time of building permit application. 22. The project is subject to the General and Commercial and Mixed Use Design Guidelines stated at BIMC Chapter 18.18. The Design Review Board reviewed the proposal and unanimously recommended approval. The proposed site redevelopment will provide a 25 -foot width vegetated buffer along Arrow Point Drive, with the parking lot lying between the buffer and the buildings, all of which will be set back at least 80 feet from the right -of -way. Parking facilities will provide an appropriate separation between vehicular traffic and the campus. Parking spaces will be grouped into clusters interspersed with landscape areas. 23. Ih addition to sidewalks, the development will include other outdoor spaces such as playgrounds, play fields and trails. Most will be located behind the buildings in order to efficiently serve the student population, with one courtyard sited prominently in front to create a terminus for the CUP AND SITE PLAN REVIEW DECISION - 4 pedestrian walkway connection to Arrow Point Drive. 24. Buildings designs are encouraged to utilize features such as massing, materials, windows, canopies, and pitched or terraced roof forms to create a visually distinct base and cap. Variations in texture and elevations help to avoid massive scales. The architect's stated goal is to create a campus that manifests environmentally aware building practices and design. Buildings will be oriented to capture natural light and provide views of the outdoors. Building materials include natural wood siding, corrugated metal, cement board, recycled wood trim and decking, and reclaimed timber. All buildings will be single story with no blank walls. Covered walkways, porches and canopies will afford protection from the elements. No rooftop mechanical equipment is proposed. Neighborhood Impacts 25. The City's Development Engineer has concluded that, as conditioned, the project can meet applicable stormwater requirements without causing either undue burdens on the affected drainage systems or interference with the use and enjoyment of properties downstream. The site is divided into eastern and western basins. The western basin outlets to a swale along Arrow Point Road, then flows are conveyed beneath the road to a seasonal pond in Battle Point Park and eventually discharged to Fletcher Bay. This conveyance system has potential capacity and maintenance problems at a number of points but appears to function adequately. The applicant proposes to detain stormwater onsite and release it at flow rates that match predevelopment peaks, thereby not increasing downstream impacts. 26. As originally proposed, stormwater within the eastern basin was to be directed to an off -site stormwater pond and then to an outfall at Manzanita Bay. But staff determined that the proposed release to Manzanita Bay would be prohibited by the Shoreline Master Program and requested the applicant to revise the stormwater plan for the eastern basin. The new proposal is to disperse stormwater onsite via four 50 foot long dispersion pipes located on the wooded eastern side of the property. 27. The onsite portion of eastern basin presents a number of challenges. It is mostly forested, with slopes in the 8 to 20 percent range. The slopes are underlain by impermeable glacial till at relatively shallow depths, making the site a poor candidate for either infiltration or dispersion trenching. The four dispersion pipes proposed to be laid on the ground surface represent the maximum number feasible on the site and are modeled to be able to handle 14,000 square feet of roof runoff. That appears to leave 300 square feet of impervious surface flows unaccounted for, as well as 2000 square feet of landscaping. The nearest residence downslope to the east is over 100 feet away from the proposed dispersion pipe array and is partially protected by an upslope curtain drain at the project site boundary. 28. The project engineer's proposed solution to the pipe capacity shortfall includes detaining flows above the 14,000 square foot limit to meter a slower release rate plus installing a second curtain drain upslope from the septic drainfield. This approach could well prove to be adequate but offers no margin of safety. The City Development Engineer has also expressed concerns about the available forested cover being adequate to meet dispersion requirements. A condition has been added to the approval (no. 6.1) to create a five -year stormwater system monitoring plan to verify the system's adequacy in actual practice. 29. Arrow and Battle Points are relatively isolated locations and traffic volumes of the roads CUP AND SITE PLAN REVIEW DECISION - 5 serving the site are generally light. The school staggers its morning student dropoff times to avoid creating congestion either on the site itself or in its environs. As noted, reserve parking is available across the street at Battle Point Park; the school's usage of the park facility does not overlap heavy recreational periods. A certificate of traffic concurrency has been issued for the proposal. 30. Since 2015 Denise McDonnell has been the school's neighbor adjacent to the south. She both commented on the application and offered testimony at the public hearing. She operates a virtual office in her home and is concerned that noise from the existing playground near the site's southern boundary will increase after school expansion and interfere with her business conversations. The staff report discussed this concern, from which the following descriptive observations were selected: The commenters' residence was constructed in 2015. The existing play area on the subject property is 170 feet from the commenters' residence. No change to the play area or playground equipment is proposed within 270 feet of the residence; the proposed development adds two play fields beyond that distance. ... Additionally, there is a vegetated swath 55 feet in width between the play area and the commenters' property, and an additional 25 foot width vegetation buffer on the commenters' property. Noise levels exceeding 70 decibels are loud enough to be considered annoying, intrusive, and interfere with telephone use. By comparison, the sound of a dishwasher is 80 dba at a distance of 16 feet; 70 dba is the sound emanating from a freeway at a distance of 50 feet. Noise levels of children on playgrounds can approach 115 dba, equivalent to the level of noise experienced standing three feet from a power mower. Decibel levels are reduced by approximately 6 dba for every doubling of the distance from the noise source.... The exterior walls of a home typically provide noise level reduction of 25 — 30 dba... 31. When at the public hearing the Examiner expressed skepticism that the noise levels of children playing could "approach 115 dba ", staff made reference to a World Health Organization training slide presentation, Children and Noise, as authority for the statement. Staff has submitted a print -out of the slide show to the record. In addition, the Examiner has taken notice of noise documentation literature readily accessible on the internet. The City regulates noise under BIMC Chapter 16.16, which largely tracks the state regulatory scheme set forth at WAC Chapter 173 -60. 32. The notion that a small children's playground will generate noise in the 115 dBa range is unsupported by the technical literature and contradicted by common sense. A standard reference, Cowan's Handbook of Environmental Acoustics, characterizes "amplified rock music" at 110 dBa and a "busy city street" and a "loud shout" both at 80 dBa. Specific studies of playground noise (mainly from Britain) describe measured levels starting within the 56 — 57 dBa range and rising to about 65 dBa. A February 22, 2016, preliminary noise study done for a proposed private school in San Diego County displayed the virtues of being both recently performed and encompassing assumptions comparable to the Montessori context. It is worth quoting: Noise level measurements were taken at an existing school facility (The Classical Academies) with approximately 400 students, located in Escondido, CA on September 19, 2012 by Ldn Consulting. Short term measurements were conducted of the children playing in the larger play field. The results of the noise measurements varied between 60 -64 dBA for the children playing at a distance of 25 feet from the main activities in the center of the playing field. For purposes CUP AND SITE PLAN REVIEW DECISION - 6 of this analysis and to be conservative, the higher noise level of 64 dBA will be utilized for each of the playing areas and the courtyard. The nearest property line to the playground area is approximately 150 feet to the west... The outdoor play area is located 150 -feet from the nearest property line to the east. Based on the distance separation the noise levels would diminish to 47 dBA at the property lines. 33. Based on these comparable noise generation and attenuation assumptions, the noise level at the existing Montessori playground might reach as high as 65 dBa at the nearby southern property line but would be expected to decrease to less than 47 dBa at the McDonnell residence. By way of context, the difference between 65 dBa and 115 dBa sound sources is far bigger than the raw numbers suggest. The sound energy represented by the decibel scale doubles with every 10 dBa increase. So while 115 dBa looks like it should represent less than a doubling of the 65 dBa sound energy level, in actuality it is 32 times greater. 34. More fundamentally, from a regulatory standpoint the McDonnell factual situation does not support remedial action by the City. First, the playground at issue is an existing facility, not a new facility to be constructed under the school expansion proposal. It would thus not be subject to regulation within this proceeding unless credible evidence was offered that its expanded use would create significant additional noise impacts above their current level. The applicant's administrative head, Meghan Skotheim, testified that because additional new playground facilities will be built under the current proposal, the existing facility nearest the McDonnell residence will be used in the future by larger numbers of children at any single time but for fewer daily play periods. These facts are not sufficient to support an inference of increased overall impacts. 35. Finally, the relevant state noise standards do not by their own terms pertain to a school playground use of the type encountered here. WAC 173 -60 -040 describes the noise standards to be used in a regulatory analysis but the following section, WAC 173 -60 -050, limits their scope by supplying a list of exemptions from such standards. WAC 173- 60- 050(4)(k) provides that "(tlhe following shall be exempt from all provisions of WAC 173- 60- 040:...(k) Sounds caused by natural phenomena and unamplified human voices." In the absence of evidence that the school employs sound amplification equipment in conjunction with its playground activities, the state noise standards as written do not apply. 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 CUP AND SITE PLAN REVIEW DECISION - 7 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: 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; CUP AND SITE PLAN REVIEW DECISION - 8 12. For applications in the B11 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 submitted 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 expansion of an existing educational facility, a use conditionally allowed by the Municipal Code within the R -1 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/1 zoning district. 3. The Health District reviewed the project and raised no objections. The City's Development Engineer reviewed the submitted civil plans and, subject to appropriate conditions, found them to be consistent with applicable requirements. The proposed development was reviewed and recommended for approval by the Design Review Board. The designs of the building form, wall articulation, roof form, landscaping and overall layout are 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 issues have been identified. 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 jf` 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 o. 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 h. 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 community plans, including the nonnuotorized 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 2 16 020.Q; and f. All necessary measures have been taken to eliminate or reduce to the greatest extent CUP AND SITE PLAN REVIEW DECISION - 9 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 16.16.020 and 16.16.040. A; and h. The vehicular, pedestrian, and bicycle circulation meets all applicable city standards, unless the city engineer has modified the requirements of BIMC 18.15.02 . B.4 and B.5, allows alternate driveway and parking area surfaces, and confirmed that those surfaces 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 confirms 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 seiner 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 1. j. If a major conditional use is processed as a housing design demonstration project pursuant to BIMC 2.16.020. 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.,tkilities, health care facilities, cultural facilities, or chubs in Table 18.09.020 in residential zones shall be processed as motor conditional use permits and shall be required to meet the following criteria, in addition to those in subsection D of this section: 1. All sites must front on roads classified as residential suburban, collector; or arterial on the Bainbridge Island functional road classifcation neap. 2. If the traffic study shows an impact on the level of service, those impacts have been mitigated CUP AND SITE PLAN REVIEW DECISION - 10 as required by the city engineer. 3. If the application is located outside of Winslow study area, the project shall provide vegetated perimeter baffers in compliance with BIMC I8 15.010. 4. The proposal meets the requirements of the commerciallmixed use design guidelines in BIMC 18.18.030. C. 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 expansion of an existing private school. With few surrounding single - family residential uses, the Montessori Country School, which has been in existence and operation at this location for many years, fits well into the neighborhood pattern. Other adjacent developments include a few larger lot residences and a public park to the west across Arrow Point Drive. 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 expansion of the school will not be materially detrimental to existing uses in the vicinity because the site's function, although intensified, will continue much as it has for many years. Proper access, parking, circulation, landscaping are being provided. The conditional use complies, as do the buildings analyzed within the Site Plan Review, with all applicable provisions of the BIMC. The DRB reviewed the project and provided a recommendation of approval. 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 facilities plans meet all applicable City standards and pollution controls. The project trip generation data did not demonstrate an increased level of service impact requiring mitigation. 9. Neighborhood impacts of potential concern included stormwater management in the site's eastern basin and the possibility of noise impacts to the residential property adjacent to the south. As conditioned, stormwater runoff in the eastern basin can be dispersed onsite. Proper analysis indicated that the alleged noise impacts had been incorrectly characterized both as to their intensity and regulatory consequences. 10. Based on the record as a whole, the school expansion application meets the requirements of BIMC 2.16. I l OD and E for the issuance of a major conditional use permit. CUP AND SITE PLAN REVIEW DECISION - 11 DECISION The Montessori Country School Conditional Use Permit and Site Plan and Design Review applications (file no. PLN 17677 CUP/ SPR) are APPROVED, subject to the following conditions: SEPA Conditions 1. To avoid impacts to vegetation, no construction activity shall occur in landscape buffers or within the critical root zone of significant trees within landscape buffers, including staging, storage, materials laydown, parking, construction vehicle turnaround, or equipment. 2. To avoid impacts to historic and cultural resources, work shall immediately stop if any historical or archaeological artifacts are uncovered during excavation or construction and the Department of Planning and Community Development and the Washington State Office of Archaeology and Historic Preservation shall be immediately notified. Construction shall only continue thereafter in compliance with the applicable provisions of law. Project Conditions 3. The authorization for construction activities automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date of the Site Plan and Design Review and Conditional Use permits except: The applicant must file for building permit to accommodate phased construction of building six within ten years of the effective date of this permit or the authorization to construct building six expires. 4. Construction plans shall substantially conform to plans submitted on June 15, 2016, except for modifications reflecting compliance with these conditions of approval, and except as follows: Sheet A -0.I submitted on July 11, 2016; Sheets A -1.2, Cl, C2, LI and L2 submitted on January 24, 2017. 5. Prior to any construction activities, the applicant shall obtain the appropriate permits from the City of Bainbridge Island, including but not limited to clearing, grading, and /or building permits. 6. The project shall comply with the following conditions of the City Engineer: a. Final civil improvement plans shall be submitted with building permit application. Upon approval to construct, all necessary infrastructure serving the site must be completed prior to the first final building inspection. b. As -built civil construction plans stamped by a civil engineer shall be provided by the applicant prior to the first final building inspection. c. The preconstruction condition ofArrow Point Drive fronting the property shall be photo documented to the satisfaction of the City Engineer prior to issuance of any permit. Prior to the final inspection of the final building damage to the road caused by heavy construction equipment and traffic shall be fixed by the permit holder. CUP AND SITE PLAN REVIEW DECISION - 12 d. Shoulder improvements along the frontage of Arrow Point Drive are required as a condition of development to include construction of a three -to -five foot width gravel shoulder. e. Paved driveway aprons matching the surfacing on Arrow Point Drive shall be provided from the roadway for a distance of 20 feet from the edge of the Arrow Point pavement. f. A maintenance plan for the internal roadway and parking lot is required with the first building permit. Track -out of dirt and silt from the site onto the roadway is not allowed. Cloudy runoff leaving the site is not allowed. g. All on -site stormwater facilities shall remain privately owned and maintained. I) The applicant shall submit an operation and maintenance plan for the on -going maintenance of the storm drainage systems to the satisfaction of the City Engineer with the first building permit application. 2) Annual inspection and maintenance reports shall be provided to the City. 3) A recorded Declaration of Covenant for Stormwater System Operation and Maintenance will be required prior to the first final building inspection. The approved language for the Declaration of Covenant is found in BIMC Chapter 15.21, Exhibit A. h. Prior to the fast final building inspection the applicant shall provide a recorded covenant protecting the forested area as identified in Sheet C2 Utility and Drainage Plan submitted to the City on January 24, 2017. The covenant should be carefully worded to allow for installation and maintenance of stormwater facilities and drainfield facilities which are within the area proposed for retention of significant trees and understory. i. A right -of -way construction permit is required prior to any construction activities within the right -of -way and is subject to separate conditions and bonding requirements. j. A Stormwater Conveyance System Connection Application shall be submitted with the right -of- way construction permit application for locations where stormwater will enter the City system. k. The project requires a Construction Stormwater General Permit from the Washington State Department of Ecology. No land clearing or construction permits shall be issued prior to obtaining the State permit. 1. Prior to the first final building permit inspection, the applicant's civil engineer shall submit to the City Engineer a plan for assessing the adequacy of the site's eastern basin stormwater dispersion system to be based on its actual performance over a five -year period of usage. This plan shall describe feasible options for system modification and remediation if within the five - year assessment period its dispersion pipes demonstrate a lack of capacity to accommodate satisfactorily all eastern basin flows and avoid downslope impacts. As a condition of approving the proposed assessment plan, the City Engineer may require the applicant to post a bond sufficient to cover the cost of implementing a feasible system modification option if such remediation should become necessary. 7. The project shall comply with the following conditions of the Fire Marshal: b. The project shall be equipped throughout with a monitored fire alarm system. c. All classrooms shall exit directly outside. CUP AND SITE PLAN REVIEW DECISION - 13 d. Occupant load shall be determined by the Building Official. e. Any building or room with an occupant load greater than 50 shall be equipped with an automatic fire sprinkler system and panic hardware on approved exit doors. f. All access roads shall be designed to accommodate fire apparatus (load, width, grade, angle of approach and departure). g. Minimum 12 -foot access road width shall not be diminished by parked vehicles. No Parking / Fire Lane signage is required in areas where this could occur. h. Fire lane on north side of property shall be marked `No Parking / Fire Lane'. i. All fire apparatus access roads shall have a clear overhead height of not less than 13.5 feet. 8. Vehicle parking or standing, and / or construction staging, shall be prohibited within the right -of- way during the construction period unless specifically authorized by the Public Works Department. 9. A total of six bicycle spaces must be provided at a minimum. Bicycle facilities shall allow secure locking of both the frame and wheels of a bicycle. 10. With application for any construction activity, including grading and /or vegetation removal, the applicant shall provide plans that identify areas of prohibited disturbance which are necessary to preserve ecological function, including but not limited to: The dripline or critical root zone (as identified by a consulting arborist) of significant trees, areas proposed for other retained vegetation, future raingarden areas, and future planting areas which are larger than 400 square feet in size. The plans shall label fencing required through these conditions of approval, along with any vegetation protection measures identified by the applicant's arborist. 11. Prior to any construction activity, a clearing permit shall be obtained authorizing fencing to be erected and posted with signs to protect areas of prohibited disturbance. Protective fencing shall remain in place until construction is complete; earlier removal of any portion of the fencing is subject to approval of the Planning Division. a. Fencing location, materials and signage shall be approved by the Planning Division prior to installation. b. Temporary chain link fence a minimum five feet in height with tubular steel poles or "T" posts shall delineate the area of prohibited disturbance that lies within the perimeter boundary of the roadside buffer, the area of existing vegetation to be retained between the roadside buffer and the parking lot, and the interior landscape perimeter buffer adjacent to the southernmost parking spaces. The fencing shall be configured to provide for installation of the driveway, path and stormwater pipe through the buffer. Special care shall be taken to protect the significant trees and vegetation adjacent to the driveway. c. Orange plastic fencing shall delineate the perimeter landscape buffer adjacent to the proposed primary drainfield. 12. Roadside and perimeter landscape buffers shall be maintained for the life of the project At a minimum, roadside buffers shall meet the full- screen standard and perimeter buffers shall meet the partial screen standard of BIMC 18.15. CUP AND SITE PLAN REVIEW DECISION - 14 13. New plantings shall be the following heights at time of planting: Evergreen trees shall be not less than six feet in height; Deciduous trees shall be not less than two -inch dbh; Evergreen shrubs shall be not less than 18 inches in height. 14. All plantings shall be installed or installation financially assured in accordance with BIMC 18.15.010.H. prior to occupancy of any of the new buildings. Subsequent to installation approval by the Department, maintenance assurity shall be required in accordance with BIMC 18.15.010. H. 15. Internal walkways shall be surfaced with nonskid hard surfaces, meet handicapped - accessibility requirements and be designed to provide a minimum of five feet of unobstructed width. 16. Where walkways cross vehicular driving lanes, the walkways shall be constructed of contrasting materials or with maintained painted markings. The walkway adjacent to the pick -up / drop -off lane shall be curbed and raised six inches above adjacent vehicular surface grade, except where required to meet accessibility standards. 17. Except in locations where protection of existing trees may be compromised, raised curbs shall be used to define driveways from the public right -of -way, landscape areas within the parking lot, the ends of parking aisles, and the vehicular circulation pattern. 18. Outdoor lighting fixture shall meet the standards contained in BIMC 18.15.040. 19. Outdoor trash / recycle receptacles shall be enclosed with a solid structure / gated and screened from view with evergreen vegetation. 20. Prior to building permit issuance, the landowner must record a notice on title listing these conditions of approval with the Kitsap County Auditor. ORDERED February 13, 2017. 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 - 15 Staff Contact: Kelly Tayara, Planner EXHIBIT LIST Montessori Country School PLN 17677 SPR / CUP Hearina Examiner: Stafford L. Smith Public Hearing: February 1, 2017 NO. DOCUMENT DESCRIPTION DATE 1 Application — Conditional Use Permit 06/15/2016 Received 2 Application — Site Plan and Design Review 06/15/2016 Received 3 MCS Parent Handbook (excerpt) regarding Traffic Flow 06/1512016 Received 4 Traffic Plan 06/15/2016 Received 5 Parking Agreement with the Parks Dept. 06/15/2016 Received 6 Browne Wheeler Engineers Inc. Drainage Report dated March 7, 2016 06115/2016 Received 7 Environmental (SEPA) Checklist with Staff Comments 06/15/2016 Prepared 8 Landscape Plans 01/24/2017 Revised 9 Existing Conditions Drawings 06/15/2016 Received 10 Civil Plans 01/24/2017 Revised 11 Architectural Drawings 06/15/20165 07/11/2016 and 01/24/2017 12 Bainbridge Island Fire Department Memos 06/24/2016 Dated 13 Vegetation Protection Sign N/A 14 Health District Review Comments 07/08/2016 Dated 15 Public Comment Emails 07/2016 and 08/2016 Dated 16 Notice of Application and SEPA Comment Period and Affidavit of Publication 07/15/2016 Published 17 Browne Wheeler Engineers, Inc. Memorandum — East Drainage Basin 09/21/2016 Dated 18 Building Site Application for On -Site Sewage System (Health District) 09/21/2016 Received 19 Browne Wheeler Engineers, Inc. — Modified Utility Plan — West Basin Revision 09/22/2016 Dated 02/01/2017 Staff Contact: Kelly Tayara, Planner EXHIBIT LIST Montessori Country School PLN 17677 SPR / CUP Hearina Examiner: Stafford L. Smith Public Hearing: February 1, 2017 NO. DOCUMENT DESCRIPTION DATE 20 Kitsap County Unclassified Use Permit 1990 Dated 21 Design Review Board Minutes and Recommendation 10/17/2016 Dated 22 Development Engineer Information Request to Complete Review 11/07/2016 Dated 23 Browne Wheeler Engineers, Inc. Memorandum in response to Development Engineer 11/14/2016 11/07/2016 Request Dated 24 Geotechnical Engineering Report from Aspect Consulting 11/14/2016 Received 25 Transportation Solutions Inc. Traffic Analysis 12/14/2016 Dated 26 Certificate of Traffic Concurrency 27 Development Engineer Memorandum Comments and Recommendations 12/19/2016 Dated 28 Email to Planner from Development Engineer re: Condition Number 5 of 12/19/2016 12/21/2016 Recommendation Dated 29 SEPA Mitigated Determination of Nonsignificance 12/21/2016 Dated 30 Certificate of Distribution and Posting 01/11/2017 Dated 31 Notice of Hearing and Affidavit of Publication 01/13/2017 Published 32 Planning Commission Meeting Minutes 01/12/2017 Dated 33 Certificate of Posting Signs 01/17/2017 Dated 34 Development Engineer Memorandum Modifying 12/19/2016 Recommendations 01/20/2017 Dated 35 Staff Report 01/25/2017 Dated 36 Children and Noise Information Package — World Health Organization 2/1/2017 Admitted 02/01/2017