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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 'age - 1- City of Bainbridge Island 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. c:uP 1 o-4 -00- ! Hearing Examiner I'oad Holler LLC Page -2- City of Bainbridge Island ? 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 ( 1/P 10-4-00-1 Hearing Examiner Toad Holler ELC Page -3- City of Bainbridge Island 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: (210P 10-4-00-1 Hearing Examiner I'oad Holler LI,C Page -4- City of Bainbridge Island 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 C[ JP 10-4-00-1 Hearing Examiner Toad Holler LEG Page -5- City of Bainbridge Island 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 clip 10-4-00-1 Hearing Examiner Toad Holler LLC Page -6- City of Bainbridge Island 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. CuP 10-4-00-1 Hearing Examiner 'road Holler I.LC Page -7- City of Bainbridge Island 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. cUP 10-4-00-1 Hearing Examiner Toad Holler LLC Page -8- City of Bainbridge Island 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 cuP10-4-00-1 Hearing Examiner Toad }loller LLC Page -9- City of Bainbridge Island 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. CLIP 10-4-00-1 Hearing Examiner Toad [loller LLC Page - 10- City of Bainbridge Island 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 cl JP 10-4-00-1 Hearing Examiner Toad [-loller LLC Page -11 - City of Bainbridge Island 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. CI dP 10-4-00-1 Hearing Examiner Toad I loller LLC Page - 12- City of Bainbridge Island 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]~ C UP 10-4-00-1 Hearing Examiner Toad Holler LLC Page - 13- City of Bainbridge Island 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 c uP 10-4-00-1 Hearing Examiner Toad I Ioller LLC Page - 14- City of Bainbridge Island