TOAD HOLLER CUP10-04-00-1 CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMIneR i:
APPLICATION FOR
CONDITIONAL USE PERMIT
APPLICANT: TOAD HOLLER, LLC.
CUP10-4-00-1
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECISION
SUMMARY
Mr. Kelly Samson is the manager of Toad Holler, LLC. Mr. Samson has filed an
application for a conditional use permit to operate a Montessori School in one of the residences to
be built by his company at the Toad Holler short plat. The Toad Holler short plat is located on
Hidden Cove Road, just west of its intersection with Highway 305. The Toad Holler short plat
has been approved as a seven lot redivision of the Hidden Grove short plat. Mr. Samson has
obtained a building permit for construction of a residence on Lot A in the Toad Holler short plat.
The residence presently under construction is designed to accommodate a Montessori School with
up to sixteen students on the premises. All other lots in the Toad Holler short plat remain in the
ownership of the Toad Holler, LLC. The Department of Planning and Community Development
(DPCD) recommended approval of this conditional use permit. The conditional use permit has
been approved with conditions.
FINDINGS OF FACT
1. A conditional use permit application has been filed by Kelly Samson on behalf of Toad
Holler, LLC, seeking permission to operate a Montessori School at a single-family residence to be
built on Lot A in the Toad Holler short plat. Lot A is designated as Tax Lot No. 042502-1-117-
2009 The legal description for Lot A is as follows:
SECTION 04 TOWNSHIP 25 RANGE 2E
LOTA CIIT OF BAINBRIDGE ISLAND SHORT PLA T NO. Bl-121 (FSP 12-20-
00-0 AS RECORDED UNDER AUDITOR'S FILE NOS. 200102010016/007, IN
VOLUME 16 OF SHORTPLATS, PAGES 116, 117, 118, 119 AND 120, BEING
A PORTION OFLOTSA, B & D OFSHORTPLATNO. 5585-1 RECORDED
UNDER AUDITOR'S FILE NO 'S9103270086/0087 AND 9107220079 AND A
PORTION OF RESULTANT PARCEL A OF CITY OF BAINBRIDGE ISLAND
BOUNDARY LINE ADJUSIMENT RECORDED UNDER AUDITOR'S FILE
NO'S 3024374 AND 3008657, LOCA TED IN THE SOUTHWEST QUARTER OF
Hearing Examiner
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CITY CLERK
THE NORTHEAST QUARTER, SECTION 4, TOWNSHIP 25 NORTH, RANGE 2
EASE W.M., KITSAP COUNTY, WASHINGTOA~ TOGETHER WITH
EASEMENTS AS DEPI( ~TED ON THE SHORT PLA T.
2 Lot A of the Toad Holler subdivision is a 12, 109 sq.fi, lot on which a school and residence
building will be built. There will be no accessory building structures built on the lot.
A building permit has been issued by the City of Bainbridge Island Building Department for
construction of a single-family residence designed to accommodate a Montessori School for
sixteen students~ On February 26, 2001 the Bremerton-Kitsap County Health District approved
the building site application submitted by Mr. Samson. That building site approval allows a
residence with a maximum of two bedrooms, and a school with a maximum of sixteen students.
/See EXHIBIT 54. ] The residence and the school premises are presently under construction.
3 Mr. Samson testified that the school and single-family residence will be owned by Toad
Holler, LLC, however, he plans to lease the home to Ms. Donna Johnson to operate Leaps and
Bounds Montessori School on the premises.
This school site is located at the corner of Toad Holler Road and Hidden Cove Road.
I'oad Holler Road has been dedicated as a public street and is presently under development for
dedication to the City of Bainbridge Island upon completion.
5. This building site has a zoning designation of R-0.4 and a Comprehensive Plan designation
ofOSR 0 4 Open Space Residential. This lot was a part of an original four lot short plat named
Hidden Grove, however, the property was reconfigured to provide seven residential lots. Since
this project is for the building of a single family residence, it is exempt from review under the
State Environmental Policy Act
A site plan has been submitted by Toad Holler, LLC [,gee attachment B to the Staff Report
EXHIBIT51.] This site plan shows the driveway configuration, parking spaces, required
landscape buffers and the building footprint for the school/residence. This site plan has been
reviewed by the DPCD and has been approved. The site plan shows a turnaround area consisting
of a 12 fl. wide driveway semi-circle located on the western portion of the lot. This turnaround
provides access to Toad Holler Road and will minimize the need for traffic from the school to use
Toad Holler Road beyond the boundaries of Lot A. Parking areas have been provided on the
premises and will accommodate the pick-up and drop~off of students at the school and parking
will not be allowed along Toad Holler Road, so that access to and from the school remains open.
Carpooling of students to and from the school will be encouraged to minimize traffic impacts on
the neighborhood and surrounding access roads. Outside parking has been provided for four (4)
vehicles on the site. A handicapped loading area has been designated in front of the school. In
addition, a paved access path will be provided for handicapped access to the school building.
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? The school site has been designed with a fenced play area measuring approximately 28fl. x
26ft This play area will be enclosed by fencing to provide for the safety of the children on the
premises. A wood picket fence approximately 4 fl. high has been proposed as the fencing for the
outside play area The children attending this preschool will range in ages from 3 to 6 years old.
Adequate fencing height is essential to the security of the children on the premises.
8 Ms. Donna Johnson testified at the public hearing that she plans to develop an outdoor
exploration play area in the fenced play area outside the school. Ms. Johnson testified that this
exploration play area will include play structures, however, no climbing structures will be
provided. An effort will be made to minimize the height of play structures to limit their visibility
from surrounding properties.
9 The proposed hours of operation for the Montessori School are from 8:15 a.m. to 2:15
pm. During this time it is proposed that sixteen students would be dropped offat staggered
intervals between 8:15 a.m. and 8:55 a.m. and would remain on the premises until they are picked
up, again in staggered intervals between 11:50 a.m. and 12:10 p.m. A second group of sixteen
students would arrive with drop-off staggered between 10:45 a.m and 11:00 a.m., and would be
picked up between 1:50 p.m. and 2:00 p.m. This schedule for classes at the school would create
an overlap on the premises between the hours of 10:45 a.m. and 12:10 p.m., during which time
the student population of the school would vary between 17 and 32 students. According to
testimony at the hearing, during this overlap period, students from the morning class would be
supervised in the outdoor play area, while students arriving for the afternoon class would be
supervised in the indoor classroom. The Health District building site approval was limited to a
maximum of sixteen children on the premises at any one time. The hours of operation for the
preschool can be adjusted to accommodate that requirement. Scheduling preschool classes from
8:30 a.m. to 11:30 a.m for the morning class, and 12:00 p.m to 3:00 p.m. for the afternoon class
would avoid the overlap and would allow all pick-up and drop-off car trips to occur outside of
peak traffic hours on Highway 305.
10. A landscaping plan has been submitted by Toad Holler, LLC, and is included in the Staff
Report [EXHIBITS1] as Attachment C. This landscaping plan describes the full screen
landscaping between the school/residence on Lot A and the residence proposed to be built on Lot
B, as well as landscape screening along the Toad Holler access road. Full screen landscaping is
required for the 25 ft. buffer between Lot A and Lot B. The landscaping plan submitted by the
applicant does not set forth the planting and replacement particulars required of a landscaping
plan or performance assurances required to assure the city that the landscaping required by the
Bainbridge Island Municipal Code is properly installed and will become established and
adequately maintained. The required landscaping must be installed prior to the issuance of a
temporary certificate of occupancy for this residence/school and a certified landscaper must
submit a landscaping declaration to the DPCD to verify that the landscaping installation has been
completed in accordance with the approved plan. Perimeter landscape requirements of BIMC
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18.85D70 (D).4 must be met.
11. The school will be operated by a staffoftwo teachers and additional volunteers~ The
children will be under adult supervision at all times and will not be allowed outside the fenced play
area without adult supervision. The proposed preschool will be operated by the resident of the
home located on this lot. The school operator will have one non-resident employee to assist in
the operation of the school.
12. The school/residence will be served by a private septic system and private water well
which has been built by Toad Holler, LLC, to serve all of the lots within the replatted short
subdivision. Police protection will be provided by the Bainbridge Island Police Department and
fire protection will be provided by the Bainbridge Island Fire District.
13 Storm water drainage facilities for this residence will be provided by an on-site infiltration
system which must be approved by the Department of Public Works before a certificate of
occupancy is issued.
14. The Bainbridge Island Fire Department has reviewed this application and has approved the
application subject to several requirements including: 1. Any required road and access
improvements shall be constructed in compliance with public works standards; 2. Smoke
detectors shall be installed in areas used for the school. Detectors shall be located on the ceiling
in the center of the rooms spaced at 30 foot intervals; 3. One Class 2A/10BC fire extinguisher
shall be located near the exit door and mounted on the wall at a height not to exceed 5 ft. from
the floor level; and 4. The site plan must indicate there is building separation in a minimum
distance to comply with minimum fire flow requirements. These requirements have been
incorporated as the conditions for the project. Non-combustible materials will be used on the roof
structure to enhance fire protection for the residence/school.
15 At the public hearing Laura Van Dyke, P.E., a professional traffic engineer employed by
Heffron Transportation, Inc., described her transportation assessment for the Leaps and Bounds
PreSchool project Ms. Van Dyke's traffic assessment has been included in the record as
EXHIBIT52. Ms. Van Dyke concluded, from her traffic study, that a more detailed traffic study
is not required for this project. Ms. Van Dyke concluded that the trips generated from this
preschool will not impact the peak traffic hours on Highway 305. The preschool pick-up and
drop-off transportation will be dispersed throughout the day and will begin after the peak morning
traffic on Highway 305, and be completed prior to the PM peak hour of 4:00 p.m. to 5:00 p.m.
The applicant has submitted a traffic report which analyzes the impacts on Hidden Cove Road and
SR 305 from traffic generated by this residence and preschool. The traffic assessment has taken
into account the impacts from development of Toad Holler short subdivision into seven residential
lots Traffic impacts from the city's public works yard were assessed in a traffic study conducted
by the city in 1995. The findings of that study were also submitted with this application:
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16. The Public Works Department has reviewed this application. Mr. Ross Hathaway,
Assistant City Engineer, was present at the public hearing. Subsequent to the hearing, Mr.
Hathaway submitted a memorandum [EXHIBIT 55] which verifies that Hidden Cove Road west
of Highway 305, is classified as a collector road with a Level of Service (LOS) Zone A in the
Bainbridge Island Comprehensive Plan. State Route 305 is designated as a LOS Zone D/E.
These LOS zones are the target minimum LOS for the roadways designated. Mr. Hathaway
stated in his memorandum that, in his judgement, it is unlikely there will be sufficient impact from
this proposed preschool to lower the traffic LOS on Hidden Cove Road or Highway 305 below
the allowed threshold levels.
17 The development of Lot A of the Toad Holler short plat for a residence and preschool is
consistent with the predominantly residential nature of development on surrounding properties.
The entrance to Bainbridge Island Public Works Yard borders this short plat on the east which is
separated from the residential lots by large areas of open space containing buffered wetlands. The
remaining lots in the Toad Holler short subdivision will be developed as residential lots. The
location of a preschool in this neighborhood is compatible with the residential uses of other lots in
the subdivision.
18. The establishment of preschools in neighborhoods around the city is consistent with the
policies of the Comprehensive Plan. Educational facilities are permitted in residential zones
provided they are processed as a regular conditional use permit, and meet the additional criteria of
Bainbridge Island Municipal Code (BIMC) 18. 108.040.C
19. The school site fronts on Toad Holler Road which will be classified as "residential-
suburban or above" on the Bainbridge Island Functional Road Classification Map.
20. Conditions recommended for this project require that the noise level emitted from this
school facility will comply with the requirements of BIMC Chapter 16.
21 The use of this residential property to house a Montessori School for preschool students
between the hours of 8:30 a.m. to 3:30 p.m. on weekdays, will not substantially interfere with the
use of other residential properties in the area. Property in the immediate vicinity of this school
will be minimally impacted by the location of a school in this residence. The use of this residential
lot as a personal residence and a school facility will not be material detrimental to the uses of
other developed properties in the area.
22. On February 22, 2001 a Public Hearing was held before the Hearing Examiner to consider
the applicatioa Prior to the hearing, notice was published in the Bainbridge Review on February
7, 2001; notice of the public hearing was mailed to the owners of property within 300 feet of the
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proposed project, and notices were posted at the City Hall, the Chamber of Commerce, and the
Ferry Terminal on February 2, 2001; notice was posted at the subject property on February 7,
2001 [EXHIB1TSO.]
CONCLUSIONS OF LAW
1. This application for Conditional Use Permit is properly before the Hearing Examiner since
it is an application to establish an educational facility in a residential zone and is required by
B1MC 18.108040 to be processed as a regular conditional use permit.
2. Adequate notice was given of the public hearing in this matter, which was held on
February 22, 2001 at the Bainbridge Island City Hall. This conditional use permit application was
filed by Kelly Samson on behalf of Toad Holler, LLC, which is the legal owner of Lot A of the
Toad Holler short subdivision located near the intersection of Toad Holler Road and Hidden Cove
Road, on the west side of State Route 305 in the city of Bainbridge Island. Mr. Kelly Samson is
the legal representative authorized to file an application on behalf of Toad Holler, LLC
3. Toad Holler, LLC, as managed by Mr. Kelly Samson, will retain ownership of the
residence and school building after construction. The premises will be leased initially to Donna
and Dale Johnson for the operation of a Montessori Preschool on the premises.
4 The applicant must comply with the decision criteria of BIMC 18. 108.040 (A) and (C) to
qualify for a conditional use permit to operate a preschool in this residential zone. An education
facility is allowed in a residential zone designated as R-0.4 as a conditional use (BIMC
18 36 030).
5. BIMC 18.108.040 A(1): ]he conditional use is harmonious and appropriate in design,
character and appearance with the existing or intended character and quality of development in
the immediate vicinity of the subject property and with physical characteristics of the subject
property.
This school and residence building has been designed to be compatible with the remaining
homes to be built in the Toad Holler short subdivision. Mr. Samson retains the ownership of all
other residential lots in the subdivision. Ms. Samson testified that it is his intention to build
residences on all lots in the subdivision. The design of this school and residence and its location
on Lot A helps ensure its compatibility with the remaining lots in the subdivision. A full screen
landscaping buffer will be maintained on the southern portion of Lot A between the
school/residence and the neighboring residence. This short subdivision has been designed under
the flexible lot design standards of BIMC 17.12. The short plat sets aside 12.8 acres of open
space have been set aside. This open space will provide a buffer between the homes located in the
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subdivision and the City's public works yard located to the east and south of the Toad Holler
short subdivision The design of the access for the school and residence includes a semi-circle
driveway for turnaround by patrons of the school. This turnaround will help lessen the impacts of
traffic in the subdivision and discourage school patrons from using Toad Holler Road as a
turnaround for ingress and egress from the school. Property immediately to the west of this
subdivision has been developed as single family residential sites. The development of Lot A as a
single family residence with a preschool is compatible with those other residential uses. The
physical characteristics of this lot are appropriate for residential development. Locating the
school on the northernmost lot in this short plat provides easy access for patrons of the school, as
well as lessening the impact on other residences within the short plat.
6 B1MC 18 108.040. A. 2: The conditional use will be served by adequate public facilities,
including roads, water, fire protection, sewage di,~posal facilities and storm drainage facilities.
This residence and school will be provided water and sewage disposal by a private system
built by Toad Holler, LLC, as the owner of the subdivision. The Bremerton-Kitsap County
Health District has approved a septic system design for this property to service a two bedroom
residence and a school for sixteen students. Water will be provided by a private well located
within the subdivision. Fire protection will be provided by the Bainbridge Island Fire Department.
Toad Holler Road will be dedicated as a public street once it is developed to standards required
by the City Engineer. Stormwater drainage facilities will be provided on site by an individual
infiltration system.
7. BIMC 18.108.040.A.3: The conditional use will not be materially detrimental to uses or
property in the immediate vicinity of the subject property.
This school/residence is being built in a subdivision which will be developed by a common
owner, Toad Holler, LLC, Kelly Samson, Manager. The design of the school and residence will
be compatible with other housing to be built by Mr. Samson's company in this short subdivision.
A large open space area has been set aside for wetlands located on the eastern portion of the
subdivision site This open space will screen the subdivision from the Bainbridge Island Public
Works Yard located on adjoining property to the east. Properties located immediately adjacent to
this subdivision on the western border, have been developed as single family residences. The
development of this particular lot for use as a preschool and single family residence will be
consistent with the uses of property in the vicinity as residential homes. The operation of a
preschool in this residential neighborhood will not be materially detrimental to the residential uses
being made of other lots in this subdivision, or the residential uses developed on adjacent
properties. Children attending this school will be supervised by staffmembers at all times and will
be secured in a fenced play area when outside of the classroom. While a trail system will be
developed in the open space of this short subdivision, there is no present plan to utilize that trail
system as a part of the preschool program.
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8 BIMC 18.108.040.A.4: The conditional use is in accord with the Comprehensive Plan.
This project is consistent with the policies of the Comprehensive Plan. The short
subdivision lots were created through the flexible lot design procedure. Significant wetland areas
have been set aside and protected in 12.8 acres of open space within the subdivision.
Landscapingplans include full screen landscaping buffers between residences. The subdivision
has designated a landscaped buffer along Hidden Cove Road to provide screening. This single
family residence will be similar in size and architectural style to other proposed residences in the
subdivision and will be compatible with the use of other properties in the area. In compliance
with the requirements of the Comprehensive Plan, this property, which includes critical area, has
been developed to minimize impacts on those critical areas within the subdivision. Houses have
been located away from the buffer and wetland areas and provisions have been made to control
storm water drainage. This property is zoned for residential development and the addition of a
residence with a preschool is compatible with the single family residential development on
surrounding properties.
9 BIMC 18.108.040.A.5: The conditional use complies with all otherprovisions of this
code.
This conditional use application has been reviewed by the DPCD; a discussion of the
B1MC sections which apply to this project have been included in the staff report. The application
has addressed the requirement for a landscape plan, for the provision of sewer and storm water
drainage facilities and for well water protection. The appropriate reviews by outside agencies
such as the Bremerton-Kitsap County Health District and the Bainbridge Island Fire Department
have been made and approvals have been obtained for this project. Conditions have been
recommended for this project to ensure compliance with all sections of the BIMC There are no
critical areas on Lot A, however, in developing the short subdivision through the flexible lot
design process, Mr. Samson has complied with the critical areas protection requirements of BIMC
16 20
10 This project also must comply with BIMC 18.108.040.C The additional requirements of
BIMC 18. 108.040 help ensure compatibility for a school in a residential zone. A review of the
application and its supporting documents shows that the application complies with all provisions
of B1MC if constructed as conditioned under an approved conditional use permit.
11. BIMC 18.108.040 A.6: The conditional use will not adversely affect the area or alter the
area '^' predominantly residential nature.
This project is being built as a single fanfily residence with a classroom designed within the
residence This design could be converted at a later time to a single family residence for the
exclusive use ora family, when a school is no longer desired at the residence. This design is
compatible with the residential nature of this short subdivision being developed by Toad Holler,
LLC. and with the residential development of single family residences on surrounding properties.
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12. BIMC 18. 108.040 A.7: All necessary measures have been taken to eliminate the impacts'
that the proposed use may have on surrounding area.
In designing the site plan for this single family residence and preschool the applicant has
provided for additional parking for employees and visitors to the school. A turnaround driveway
has been designed on the western portion of the lot to allow one-way turnaround access for
parents dropping off'and picking up their children from the preschool. The site has been designed
with the required landscaping buffers to fully screen the preschool area from residential neighbors
to the south. The school and residence site was chosen as Lot A to minimize the traffic impacts
on residents of the subdivision by placing the school and residence on the northerly most lot
nearest the access to Hidden Cove Road. Hours of operation will be limited to the hours of 8:30
a.m. to 3:30 p.m. Monday-Friday to avoid additional traffic impacts during peak hours on
Highway 305 in both the morning and afternoon commute. The fenced play area will provide for
safety of the children and will also provide for containment of the students to avoid impacts on
adjoining residential properties. The play area design will include play structures which are non-
climbing structures of limited height to lessen the visual impact on neighboring properties. The
play area will be surrounded by solid fencing which will also screen the playground activities from
adjoining properties. This site will be served by storm water drainage on the site and sewer and
water systems already in place in the subdivision, this will help minimize the impacts to wetlands
and natural areas set aside in open space throughout the subdivision. A review of the application
shows that with the conditions imposed through the conditional use permit, all necessary
measures have been taken by the applicant to eliminate impacts that the proposed use of this
property as a single family residence and preschool may have on the surrounding area.
13. BIMC 18.108.040.C 1 requires that: Educational facilities to be located in residential
zones he processed as a regular conditional use permit and meet additional criteria to those
required in B1MC 18.108. 040. A.
14. BIMC 18.108.040.C l.a: Applicants are required to submit a traffic report showing the
affects' on the Level of Service (LOS) on affected roads'. Proposed mitigations for degradation of
the LOS must be submitted as apart of the application.
This applicant has provided two different traffic analyses with this application. The first
traffic analysis was a copy of the traffic study done to support the public works operations and
maintenance facility owned by the city of Bainbridge Island, which is located immediately to the
east of the Toad Holler subdivision on Hidden Cove Road. This study was conducted in 1995
and discussed the impacts of the proposed city maintenance yard's traffic additions to the
surrounding roadways. In addition to that traffic study the applicant has provided a transportation
assessment done by Laura Van Dyke, P.E. a professional engineer with Heffron Transportation,
Inc. Her traffic analysis has been included as EXHIBIT52 in the record. It was Ms. Van Dyke's
conclusion that this preschool and residence project would generate a relatively small number of
car trips, which would be disbursed throughout the day. None of those trips would occur during
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the peak PM or peak AM hours. It was her opinion that no additional transportation analysis
should be required for this project. Assistant City Engineer Ross Hathaway also provided a
memorandum dated March 1, 2000 [EXHIBIT55] which concludes that the LOS levels for both
Hidden Cove Road west of SR 305, and SR 305, would not be significantly impacted by the
preschool traffic. He did not anticipate a change the LOS for those roadways. Mr. Hathaway
also opined that there will be insufficient traffic impact from the school to lower the LOS of
Hidden Cove Road or SR 305 below the allowed threshold. No further traffic study has been
recommended by the City Engineer.
15 BIMC 18.108.040.Cl.b: All sites must front on roads classified as Residential Suburban
or above on the Bainbridge Island Functional Road Classification Map.
This preschool and residence will front on Toad Holler Road which is being dedicated as a
city street upon its completion. Toad Holler Road will be classified as a residential suburban
street on the Bainbridge Island functional road classification map. Hidden Cove Road which
provides the access for this subdivision is designated as a collector street.
16. BIMC 18. 108.040 C. l.c: Noise levels' shall be in compliance with BIMC 16. 16.020 and
16. 16. 040. A.
A condition has been recommended by DPCD requiring the school to comply with the
noise levels set by B1MC 16.16.020 and 16.16.040.A., and Ordinance 2001-4. This requirement
will be satisfied by enforcing the condition attached to the conditional use permit.
17 BIMC 18108040.Cl.d; ?he appropriate approvals of sewer and water supply must be
submitted at the time of application.
The applicant has provided Bremerton-Kitsap County Health District building site
approval for a two bedroom residence and a sixteen student school. This approval was signed by
a representative of the Bremerton-Kitsap County Health District on February 26, 2001. In
addition, the applicant has provided a description of the water supply and septic system design
provided by the Toad Holler subdivision to all lots within the plat. Lot A storm water drainage
plans have been submitted with the building permit application.
18. BIMC 18. 108.040 C. 1 .e: A fencing plan or alternative methods toprotect thepublic
health, safety and welfare, must be submitted at the time of application.
As part of the site plan, the applicant, has designated a fenced play area to provide a
protected outdoor area for school students. Mr. Samson described a wood picket fencing, 4 ft. in
height, which would surround the play area and all supervised outdoor activities would be
conducted within that fenced area Final plans for the type of fencing to be placed on the
premises will require approval by the DPCD to ensure that it is adequate to prevent students from
leaving the play area unaccompanied by an adult.
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19 BIMC 18108.040.Cl.f: 7he applicant shall provide perimeter buffers of vegetation,
either retaining existing or planting a new one in compliance with B1MC 18.85. 070. D. 4.
The applicant has submitted a landscaping plan as a part of his conditional use permit
application. The landscaping plan provides for full screen landscape buffer, 25 ft. in width, along
the length of the southern property line of Lot A In addition, landscaping will be included to help
screen the play area and residence from Toad Holler Road. A landscaping maintenance assurance
agreement will be provided by Mr Samson as required by BIMC 18.85.090 The landscape
maintenance plan will be binding on all subsequent owners.
20. BIMC 18 108.040.C. 1 .g. states: These conditional uses are limited in lot coverage to
only 50percent of the allowable lot coverage in the zone in which they are located
Lot A is 12,109 sq.ft Allowable lot coverage on Lot A under the Toad Holler final short
plat is 6,107 sq.fi. The proposed lot coverage for this project is 1,848 sq.ft. This will provide
just over 25 percent of the allowable lot coverage. No additional accessory buildings are planned
for this site.
21 BIMC t8.108.040.C.1.h, states: Vehicular, pedestrian and bicycle access and site
circulation must be submitted at the time of application and approved by the City. The City
Engineer may modify the requirements of BIMC 18.81.020.D. and allow alternative driveway
and parking area surfaces provided that the allowed surfaces meet City requirements for
handling surface water and pollutants.
A vehicular and pedestrian access and circulation plan is shown on the site plan drawings
submitted by the applicant. This site plan has been reviewed by the city engineer and has been
approved. Storm water drainage control will be provided on the site and will be approved by the
Department of Public Works prior to issuance of a temporary certificate of occupancy.
22. Buildings in the R-0.4 zone are restricted to a maximum building height of 30 fi. The
proposed residence/school structure on this application meets those height requirements. Lot A
of the Toad Holler short plat was created using the requirements of the flexible lot design process.
/he location of the building on this lot for this project meets the required setbacks, lot coverage
and open space requirements of Toad Holler short plat, as it has been approved by the City of
Bainbridge Island.
23 This residence/school meets the decision criteria for granting a conditional use permit if
certain conditions are attached to the project to ensure compliance with BIMC and the
Comprehensive Plan The following conditions are added to the Conditional Use Permit:
Prior to construction of the school/residence on the lot, a building permit shall be
obtained from the City of Bainbridge Island Building Department. The
school/residence structure shall be constructed in substantial conformance with the
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approved site plan submitted by the applicant which is included in the record as
Attachment B to the Staff Report.
All landscaping required by BIMC 18 85 shall be installed prior to issuance of a
temporary certificate of occupancy for the premises. All landscaping planted at the
site shall be in conformance with the Landscape Plan submitted by the applicant
and included in the record as EXHIBIT44. In addition, the landscaping plan must
be amended to include a planting schedule, a landscaping replacement plan, and a
maintenance assurance device for a period of three years after acceptance by the
city of a new planting or transplanting of vegetation as required by BIMC
18.85.090D
Prior to issuance of a Temporary Certificate of Occupancy for the residence or the
school, the children's play area set-aside on the site shall be delineated with fencing
at sufficient height to prevent students ages 3 to 6 years of age from leaving the
fenced play area unaccompanied by an adult. The type of fencing and the height of
fencing required around the play area shall be approved by the Department of
Planning and Community Development prior to installation. The type of fencing to
be used must provide full screening of the play area~ If chain link fencing is used
then wood slats and vegetation must be used to screen the fencing.
Outdoor parking on the site shall be limited to the four proposed parking spaces
shown on the site plan. [Attachment B to the Staff Report EXHIBIT51.] The 12
ft wide driveway turnaround, to be built for access to and from Toad Holler Road,
shall be kept clear at all times for use as vehicular ingress and egress. No parking
shall be allowed on the turnaround driveway. Parking will not be allowed along
the western portion of Lot A where it adjoins Toad Holler Road. Policies must be
adopted by the preschool which discourage visitor parking along Toad Holler
Road. A school parking plan must also include policies which encourage
carpooling by school patrons and employees. The scheduling of pick-up and drop-
off of students for preschool classes shall be staggered so that pick-up and drop-
off of students can be accommodated by parking and driveway facilities provided
at the site. A school parking plan shall be submitted to DPCD for approval prior
to the first day of school operation. A copy of this plan shall be provided to all
families with children enrolled at the school.
One of the four parking spaces provided on the west side of the school/residence
shall be developed as a paved accessible parking stall connected to a paved access
path to accommodate handicapped persons visiting the facility.
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6 Noise levels shall be in accordance with BIMC 16.16.020 and 16.16040.A and
Ordinance 200 [-4.
The school shall set its hours of operation to begin no earlier than 8:30 a.m. and to
conclude no later than 3:30 p.m. on Monday through Friday. No school activities
shall be conducted on the premises except during hours of normal school
operation. At no time during the school day will more than 16 students be allowed
on the premises at any one time. Preschool classes for two sessions must be
scheduled independently of one another so that students in the morning session are
not present on the premises when afternoon students are dropped offto begin
class. The preschool will be limited to serving students ages 3-6 years of age The
school will operate on a schedule which coordinates with the Bainbridge Island
Public School academic year, observing recognized holidays and vacation times.
This is a maximum schedule for school days and is not intended to restrict the
preschool from adopting a shorter school year, if desired.
Children on the premises shall be supervised at all times by adult supervision and
will not allowed offthe premises or outside the fenced play area unless
accompanied by an adult. The preschool program will be conducted exclusively
within the school classroom and outside play area and will not be conducted on
any portion of adjacent properties without the prior consent of the property owner.
Ifa sign is desired to identi~ the school, the sign shall be limited in size to a two
square foot wooden sign which designates the school by name. Only one sign will
be permitted at the site. Prior to erection of a sign, the property owner must
obtain a sign permit from the City of Bainbridge Island.
23 This conditional use permit approval is based upon information provided in the Site Plan
dated September 8, 2000, received by the city on October 4, 2000 [Attachment B to EXHIBIT
51/, and Landscape Plan dated January 15, 2001 received by the city on January 23, 2001
IA ttachment (! to EXHIBIT 51]~
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DECISION
This application for conditional use permit is approved subject to the conditions set forth in
Conclusion of Law 23 above.
Dated this 4' day of ,2001
By: Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This Hearing Examiner's Decision may be appealed to the City Council in accordance with the
provisions of BIMC 2.16.140
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