Loading...
STAFF REPORTBlakely Elementary School, PLN50767CUP, SPR & HMP Page 1 of 30 Department of Planning and Community Development Staff Report Date: November 17, 2017 To: Hearing Examiner From: Heather Wright, Current Planning Manager Gary Christensen, AICP, Director of Planning Project: Captain John Blakely Elementary File Number: PLN50767SPR, CUP & HMP Applicant: Bainbridge Island School District #303 Location: 4704 Blakely Avenue, bordered on the west side by Blakely Avenue NE and Islandwood on the remaining three sides. Request: The existing Captain John Blakely School is proposed for demolition and replacement. The new school building will be approximately 65,000 square feet. Portions of the existing and proposed school and associated play areas are within a Category I/II wetland habitat buffer. The proposal includes a habitat management plan to offset impacts to the wetland habitat buffer for the proposed school. The school is also seeking a conditional use permit to increase the height from 30’ to approximately 35’. An access drive to the school is proposed to be realigned across from NE Baker Hill Road. The District anticipates construction beginning following building permit approval until fall of 2019. The existing school is proposed to remain in place and maintain operation until the summer of 2019, at which point it will be demolished and the site development completed. Consolidated Project Review: In accordance with regulations contained in BIMC 2.16.170, an applicant for a single project proposal requiring more than one of the land use applications identified in BIMC 2.16.010 may be processed under the consolidated project review process. The applicant requests consolidated review of the Site Plan and Design Review, Conditional Use Permit and the Habitat Management Plan applications. Environmental Review: The project is subject to State Environmental Policy Act (SEPA) review as provided in Washington Administrative Code (WAC 197-11). Utilizing the optional DNS process provided in WAC 197-11-355, the City issued a combined Notice of Application/SEPA comment period on May 6, 2017 with Blakely Elementary School, PLN50767CUP, SPR & HMP Page 2 of 30 the comment period ending on June 9, 2017. Revisions to the application warranted a revised notice on July 21, 2017 with the comment period ending on August 4, 2017. The City issued a SEPA Mitigated Determination of Nonsignificance (MDNS) on November 1, 2017 with the appeal period ending on November 15, 2017. No appeals were filed. The Final decision on these consolidated projects is made by the Hearing Examiner. In the case of a major site plan and design review application, conditional use permit, and Habitat Management Plan (HMP) the planning commission considered the land use applications at a public meeting. The Planning Commission heard the project at two public meetings and made a recommendation to forward the project to the Hearing Examiner. Recommendation: The City recommends approval of the HMP, SPR and CUP 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 the forested wetland buffer, landscape buffers, including staging, storage, materials laydown, parking, construction vehicle turnaround, or equipment unless otherwise approved by the Department of Planning and Community Development. 2. Prior to clearing permit or construction permit issuance, fencing shall be erected and posted with signage to protect areas of prohibited disturbance to include a chain link fence around the dripline or critical root zone, whichever is greater. Signs shall be affixed to the fence every 50 feet indicating the protected area. Fencing shall be inspected and remain in place until construction is complete, and removal shall be subject to approval of the Department of Planning and Community Development. No construction activities, including grading and/or vegetation removal, shall occur prior to a ‘area of disturbance’ plan approval, and inspection and approval of the fencing installation, by the Department of Planning and Community Development. 3. Prior to commencing any construction activity, the District shall have the proposed habitat wetland buffer, as shown in the Habitat Management Plan Addendum, dated October 25, 2017, temporarily fenced between the areas of construction activity. The location of the fence shall be reviewed with the building permit application documents. The fence shall be made of durable material and shall be highly visible. The fence shall be inspected as part of the building permit. The temporary fencing shall be removed once the construction activity is complete and replaced with permanent fencing. 4. A split-rail type fence shall be installed along the edge of the wetland buffer mitigation area. The fence may contain gates to access the restoration area and shall provide a clear distinction between native vegetation buffer area and any future landscaped area. The rails shall be high enough to allow small mammals and wildlife to pass through. The fence shall be indicated on the building permit application and in place prior to final inspection of the building permit. 5. Prior to issuing a final on a building permit, signs indicating the presence of a protected wetland buffer shall be placed on the fence. Signs shall be made of metal or similar durable material and shall be between 64 and 144 square inches in size. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 3 of 30 6. All graded materials removed from the subject property shall be hauled to and deposited at City approved locations (Note: local regulations require that a grade/fill permit is obtained for any grading or filling of 50 cubic yards of material or more if the grading or filling occurs on sites that have not been previously approved for such activities. A SEPA Threshold Determination is required for any fill over 100 cubic yards on sites that have not been previously received a SEPA determination). 7. To meet the requests of the Department of Ecology, all mercury containing lights shall be property disposed of, and any lead or asbestos building materials shall be managed appropriately and disposed at approved disposal locations. 8. All construction activities shall comply with the construction operating hours limitations contained in BIMC Chapter 16.16. Noise produced by this development must comply with the maximum environmental noise levels established by the Washington Administrative Code 173-60 or its successor. 9. Contractor is required to stop work if any historical or archaeological artifacts are uncovered during excavation or construction and immediately notify the Department of Planning and Community Development and the Washington State Office of Archaeology and Historic Preservation. 10. To address the concerns of the Historic Preservation Commission, the school shall install historical photographs within the school prior to the final on the building permit. 11. To mitigate the possible impact on adjacent properties from light and glare, all exterior lighting shall be hooded and shielded so that the bulb is not visible from adjacent properties. All landscape lighting shall be downcast and lighting within surface parking lots shall be no higher than 20 feet above grade. All exterior lighting shall comply with BIMC Chapter 15.34. High field lights are not permissible. 12. Prior to building permit issuance, the District shall submit a revision to Section 8.0, Wetland Buffer Mitigation Plan, of the July 19, 2017 Critical Areas and Habitat Management Report (HMP) prepared by Raedeke Associates, Inc. that includes: a. Project revisions provided in the October 25, 2017 Addendum to the HMP prepared by Raedeke Associates, Inc. The mitigation plan shall include an updated figure depicting the “restoration planting area” of approximately 30,000 square feet including native species appropriate to the site and sufficient to provide wetland protection and forested buffer functions. The mitigation plan shall be in substantial compliance with BIMC 16.20.110 – Mitigation Plan Requirements and guidance provided in Wetland Mitigation in Washington State: Part 2 - Developing Mitigation Plans (Version 1, March 2006, Publication #06-06-011b); and b. Recommendations as provided in the Habitat Buffer Functional Assessment prepared by City staff dated October 26, 2017; including; 1) Ensure measures to minimize impacts of adjacent land use are required to the extent feasible; 2) Maximize structural diversity in planting plan; consider adding emergent or groundcover species; 3) Increase number of plant species in planting plan; 4) Consider enhancement to existing forested habitat buffer; 5) Include special Blakely Elementary School, PLN50767CUP, SPR & HMP Page 4 of 30 habitat features; e.g., downed large woody debris in restoration planting area; 6) Require low- impact fencing at edge of restoration planting area (in accordance with Condition 4, above); 7) Further refine non-planting mitigation measures (e.g.; soil amendment, invasive species removal); and 8) Explore potential to provide shrub plant community instead of “ecolawn”. The Department of Planning and Community Development shall approve the revised wetland mitigation plan as part of the building permit review and plantings shall be installed or bonded for prior to final building permit inspection. 13. To reduce impacts from light and glare on the wetland and its buffer, the applicant shall limit the amount of lighting on the exterior of the school and shall have only motion sensor lights to the rear of the school facing the wetland. 14. A wetland buffer monitoring report shall be submitted annually, on or before December 31st of each monitoring year, for a period of seven years. A restoration maintenance assurance device shall be submitted and accepted prior to the completion of the restoration and shall be held during the monitoring period. 15. Due to the seismic hazard, an indemnification or hold harmless agreement shall be required prior to the commencement of construction or site alteration. The building permit shall follow the recommendations of their geotechnical engineer to ensure the school is safely constructed to meet all geotechnical requirements of the building code. 16. The district shall create a plan with the Fire Department to notify neighbors for updates on construction and potential impacts to the neighborhood. 17. School staff and teachers shall assist with site vehicle and pedestrian traffic circulation during student drop-off and pick-up times. School administrators shall as part of the standard operating procedures at the school regularly remind parents of students to utilize on-site parking and pick- up/drop-off areas (not permissible on Blakely) so as not to impact adjacent neighborhoods. 18. Blakely Avenue NE fronting the property to the west is classified as a secondary arterial suburban roadway per the City of Bainbridge Island Comprehensive Plan. A 6-foot wide paved bike lane and 3-foot gravel shoulder shall be provided along the adjacent full frontage of the property per the Standards detail drawing for a secondary arterial suburban roadway, DWG. 7-020. 19. Additional supporting design information shall be submitted by the applicant with a building permit application to show that the site accesses are designed appropriately and that the median bisecting the north driveway is reasonable to accommodate vehicle paths, turn movements, and clearances. NON-SEPA CONDITIONS 20. Civil improvement plans ready for construction shall be submitted with an application for a building permit to the City of Bainbridge Island for review and approval to construct all necessary infrastructure serving the school. 21. As-built civil construction plans stamped by a civil engineer shall be provided by the applicant prior to final occupancy. 22. A Developer Extension Agreement shall be executed for offsite construction of roads and utilities Blakely Elementary School, PLN50767CUP, SPR & HMP Page 5 of 30 to be inspected and accepted by the City prior to final on the school. 23. Issuance of a building permit will be subject to islandwide Transportation Impact Fees (TIFs) pursuant to BIMC 15.30. The fee will be the based on the cost of additional trips set at the time of building permit application. The net additional trips proposed by the project is estimated at 53. Credits towards the TIFs will be given only for land, improvements, and/or facility construction for system improvements listed in the TIF rate study. 24. To ensure the Blakeley Elementary School facility remains compatible with the surrounding neighborhood, the school is limited to an occupancy of 450 students and 27 teachers for standard school days (this limitation does not apply to special events or functions). 25. The site currently has 14 Equivalent Residential Units (ERUs) for sewage participation with the City of Bainbridge Island and the Sewer District 7 wastewater treatment plant. The school expansion will require a total of 20 ERUs. The 6 additional ERUs can be made available to the applicant. 26. A Stormwater Pollution Prevention Plan (SWPPP) prepared by a civil engineer licensed in the State of Washington is required prior to construction activities including clearing or grading or civil improvements for all phases of the project that complies with BIMC 15.20. 27. A final stormwater report shall be submitted detailing compliance with all applicable minimum requirements as required by BIMC 15.20, prepared by a civil engineer licensed in the State of Washington. 28. Pollution generating pervious surfaces (PGPSs), such as play and sports fields (including natural or artificial turf) or areas subject to use of pesticides, fertilizer, or loss of soil shall be subject to Minimum Requirement No. 6 - Runoff Treatment. Water quality facilities shall be provided for these project surfaces where there will be a surface discharge in a natural or man-made conveyance from these areas. 29. With the building permit submittal, the applicant shall submit an operation and maintenance plan for the on-going maintenance of the on-site storm drainage system. 30. All on-site stormwater facilities shall remain privately owned and maintained. The owner(s) shall be responsible for maintenance of the storm drainage facilities for this development following construction. Annual inspection and maintenance reports shall be provided to the City. A Declaration of Covenant for stormwater system operation and maintenance will be required to be recorded before final building occupancy. 31. A right-of-way (ROW) construction permit will be required prior to any construction activities within the right-of-way. The ROW permit will be subject to separate conditions and bonding requirements. 32. Application for a building permit shall require binding sewer and water availability at building permit submittal. 33. A separate grade and fill permit shall be submitted for all sitework not associated with a permittable structure. 34. The proposed action(s), phased or concurrent, in their totality would result in more than one (1) acre of earth disturbance on the site and drain to waters of the State. A Construction Stormwater General Permit shall be obtained from the Washington State Department of Ecology and the site shall be monitored for discharge of pollutants and sediment to the wetlands and stream for the duration of the project. No land clearing or construction permits shall be issued prior to obtaining the State permit. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 6 of 30 35. Except for modifications reflecting compliance with these conditions of approval, building plans shall substantially conform to plans submitted on October 11, 2017. 36. Prior to any construction activities, the applicant shall obtain the appropriate permits from the City of Bainbridge Island. 37. 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. 38. Internal pathways shall be surfaced with nonskid hard surfaces, meet accessibility requirements and be designed to provide a minimum of five feet of unobstructed width. 39. The project shall meet the requests of the fire marshal to address of the fire code and fire flow. 40. The applicant shall record a notice to title of the presence of the wetland, the mitigation area and shall include a note that the area limits the use of pesticides prior to the issuance of the building permit. 41. The applicant shall provide landscaping as indicated on the landscaping plans dated October 10, 2017. As indicated and conditioned, the plans shall meet the landscaping screening requirements along the perimeter of the site, parking lot landscaping and tree unit requirements. 42. All landscaping shall be installed, or a performance assurance device shall be submitted and approved, prior to final inspection of the final building within the phase being constructed. The installation of landscaping shall be verified by the Landscape Professional or owner and a landscaping declaration shall be signed. 43. Landscape buffers shall be maintained with a maintenance assurance device for a period of three years. No vegetation within the buffers shall be disturbed without approval of the Department of Planning and Community Development through an approved clearing, grading or civil plan. 44. The District shall provide their contractor a sheet with the trees proposed for retention and removal clearly marked. The following regulations shall be included on that sheet: Unauthorized removal of trees shall result in at least one-and-one-half times (150 percent) of the number of tree units removed. The trees removed shall be replaced with trees of the same type, evergreen or deciduous. Native shrubs and ground cover shall also be replaced when replacing tree stands due to unauthorized removal. Shrubs shall be one-gallon size planted four feet on center spacing; ground cover shall be one-gallon size planted three feet on center spacing. The shrubs and ground cover shall be planted within the limits of the previous tree stand canopy. A property owner may request removal of trees required to be retained pursuant to this chapter by applying for a clearing permit with a replanting plan. Trees will be approved for removal only if they meet the hazard tree requirements. Failure to retain, replace or transplant trees will be enforced as follows; provided, that any fine shall be no less than three times the value of the trees, as determined by the current standards of the International Society of Arboriculture. The city has the authority to administer the following; stop work orders, injunction or abatement or any other appropriate action in courts and/or a civil infraction, subject to enforcement and fines. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 7 of 30 Exception to discretion statement above: Any tree identified on a development project’s required landscaping plan as retained and given a monetary value per subsection G.3.a.iii of this section that is removed, or dies during the surety period due to improper protection during construction, shall be subject to an automatic fine of three times the tree’s stated value. All of the project’s active permits shall also be suspended until the fine is paid and all restoration work completed. 45. Parking space and aisle dimensions shall meet the design standards in BIMC 18.15.020.J. Spaces for compact cars shall not exceed 30% of the amount of spaces. 46. A minimum of 13 bicycle parking facilities are required to be provided prior to certificate of occupancy of the school. 47. Prior to the issuance of the building permit, a well decommission application shall be reviewed and approved by the Kitsap Health District. 48. Minor adjustments to an approved major conditional use permit or site plan review may be made after review and approval by the director. Minor adjustments are those that entail small changes in dimensions or siting of structures or the location of public amenities, but do not entail changes to the intensity or character of the use. 49. Major adjustments to an approved major conditional use permit or site plan review require an amended application and shall be processed in the same manner as a new conditional use or site plan review application. Major adjustments are those that change the basic design, intensity, density, and/or use. Staff Analysis LAND USE CODE ANALYSIS I. FINDINGS OF FACT 1. Site Characteristics: Tax Assessor Information: A. Tax Lot Numbers: 032402-2-004-2005 B. Owners of Record: Bainbridge Island School District C. Lot Size: 12.17 acres or 967,742 square feet D. Land Use: Educational, Public School 2. Terrain: The western half of the Site, occupied by the existing school building, parking areas, and south playfield, slopes gently to the southwest from Elevation 276 feet (North American Vertical Datum 88) down to Elevation 266 feet. The eastern portion of the Site is separated from the western portion of the Site by a 10-foot-tall, west-facing, 25 percent slope (14 degrees). East of this west facing slope and across the eastern portion of the Site, the topography is generally flat. 3. Soils: Soil mapping indicates that is the predominant soil type on the site is Kapowsin gravely ashy loam, 0 to 6% with the exception of the southeast area, which is classified as Kapowsin gravelly ashy loam, 6 to 15% slopes (Soil Survey of Kitsap County Area, Washington; U.S. Department of Agriculture, Soil Conservation Service, 1977). 4. Existing Site Development: The Site is currently developed with the Captain Johnson Blakely Elementary School occupying the western and southern portions of the Site. The one-story, 41,259 square-foot school was constructed in 1963. Playfields occupy the eastern and southern portions of the Site. The existing school facilities will be kept open and occupied during the design Blakely Elementary School, PLN50767CUP, SPR & HMP Page 8 of 30 and construction of the new elementary school, with anticipated demolition date during the summer of 2019. Maps: Vicinity Map Surrounding Area Existing School 5. Proposed Access: The proposed development will be accessed from Blakely Avenue NE, with a new access drive proposed directly across from Baker Hill Road. 6. Public Services and Utilities: Two abandoned drainfields are located in the southwest corner and southeast corner of the Site beneath grass-covered playfields. The school is currently served by the City of Bainbridge Island (COBI) public sewer. A water main extends through the Site from west to east, passing south of the existing school building; this water line is also present along the northern half of the Site along the east boundary. A well that is required to be decommissioned also exists on the property. 7. Zoning/Comprehensive Plan Designation: The subject property is zoned R-0.4 and OSR-0.4. 8. Surrounding Zoning/Comprehensive Plan Designation: A. North: R-0.4, One unit per 2.5 acres B. South: R-0.4, One unit per 2.5 acres C. East: R-0.4, One unit per 2.5 acres D. West: R-1, One unit per 1 acre 9. Surrounding Uses: A. North: Islandwood B. South: Islandwood C. East: Islandwood D. West: Blakely Avenue NE and single family residential Surrounding Zoning Map Blakely Elementary School, PLN50767CUP, SPR & HMP Page 9 of 30 II. HISTORY (INTENDED TO REFLECT THE SPR & CUP, HMP HISTORY PROVIDED BELOW UNDER HMP SECTION) 1. A pre-application conference was held on March 14, 2017 2. A public participation meeting was held on March 6, 2017 3. The Design Review Board reviewed the project on March 6, 2017 4. The Historic Preservation Commission discussed the project on March 2, 2017 5. The application was submitted on April 20, 2017 6. The project was noticed on May 26, 2017 with the comment period ending on June 9, 2017 7. The project was renoticed on July 21, 2017 to address changes to the alignment of the driveway and the revised Habitat Management Plan with the comment period ending on August 4, 2017. 8. The project was reviewed by the Design Review Board (DRB) on the following dates; March 6, 2017 and September 11, 2017 9. The project was heard before the Planning Commission on October 18 and October 26, 2017 10. The City issued SEPA MDNS on November 1, 2017 and the appear period ended on November 15, 2017. No appeals were filed. III. PUBLIC/AGENCY COMMENT 1. Public Participation/Comment. A pre-application conference and a public participation meeting were held between the City and the community in Mach 2017. Questions ranged from technology in the classroom, to outdoor play during construction and construction impacts to the neighborhood. During that meeting, the district said they will create a plan with the Fire Department and will notify neighbors for updates on construction and potential impacts to the neighborhood. This has been added as a condition of approval (Condition 16). Public comments were also received during the public commenting period. The following section provides a compilation of comments and staff’s review of some of the concerns expressed. Comment: Public comments were received with concerns about the potential impacts to the wetland and the buffer. There were comments that the proposed mitigation is insufficient. There were also concerns about the trees selected for preservation and that certain trees (fruit and a Japanese Maple) should have been preserved. More detailed description of the City review and analysis on the impacts to the wetland are included in the HMP section. A Agency Comment. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 10 of 30 A. Fire Marshal: The applicant began coordinating early with the Fire District to meet fire code and access requirements. The fire access road has been revised since submittal to minimize impacts to the wetland buffer while still meeting the fire access requirements. On February 24, 2017, the fire marshal submitted the following comments (reference doc K): the project shall comply with all applicable provisions of the adopted Fire Code and; 2. Fire flow is required for this project and shall be not less than 1500 gpm and shall be demonstrated to the satisfaction of the Fire Marshal. 3. Current fire flow shall be maintained to the existing school until demolition; 4. Proposed location of FDC is acceptable at this time. Final location to be approved by the Fire Marshal; 5. Proposed fire apparatus access roads and hydrant locations appear acceptable at this time; 6. A three-foot clearance shall be maintained around all fire department appliances and a clear access shall be maintained. The project is conditioned to meet the fire code and fire flow requirements at building permit (Condition 39). B. Department of Ecology: The Department of Ecology sent a comment letter during the SEPA comment period specific to the potential dangerous wastes that are often generated when older buildings are demolished. Ecology made specific suggestions related to the mercury containing fluorescent lamps, asbestos and lead. Specifically, the “Mercury-Containing Lights - Proper Disposal” law, Chapter 70.275 RCW, requires that all persons, residents, government, commercial, industrial, and retail facilities and office buildings must now recycle their end-of-life mercury containing lights. Prior to demolition the structure must be evaluated for asbestos. Buildings intended for demolition need to be evaluated and possibly tested for lead concentrations to determine if they exceed dangerous waste thresholds. If the structure or its lead-bearing components designate as hazardous waste, all related debris must be managed appropriately and cannot be disposed of as municipal trash (Condition 7). C. Kitsap County Health District: The Health District submitted a ‘no comment’ letter of May 15, 2017. During review of the building permit, the Health District required the existing well to be decommissioned prior to the issuance of the building permit for the school. D. Historic Preservation Commission: The Historic Preservation Commission (HPC) discussed the proposed demolition of the school building at their regularly scheduled meeting on March 2, 2017. The School District relayed to the Commission that the building was originally given an average 20 to 30-year life span and the average maximum capacity for school buildings is 50 years. It was also expressed that the school has a maximum capacity of 350 students, is overcrowded and utilizing portable buildings for the overflow. The Commission suggested mitigation of photographs of the original building in the library (Condition 10). F. Development Engineer: The City’s development engineer completed a preliminary review of the project on October 13, 2017. The Engineer recommended approval with conditions to address facility extension, traffic, roads, utilities, stormwater and necessary permits (Conditions 16, 18 - 30 - 35) STORMWATER: The applicant submitted a preliminary drainage report dated April 19, 2017. Flow control for the proposed development consists of three below grade detention vaults and one detention pond. One will be located southeast of the site within the courtyard area to collect a portion of the proposed roof. The second vault and detention pond will be a part of a two-train system located south of the site within and adjacent to the bus loop area and will collect the majority of the proposed improvements. The third vault will be located at the northwest of the Blakely Elementary School, PLN50767CUP, SPR & HMP Page 11 of 30 site to within the parent drop-off loop and collect a large portion of the parent drop-off area. These facilities will be referred to as the “Courtyard Detention Vault, the “South Detention Vault and Pond”, and the “Northwest Detention Vault” throughout this report. The South and Northwest detention facilities will have preceding bioretention, providing water quality treatment as well as function as on-site stormwater management Best Management Practices (BMPs). There two portions of the proposed site that naturally drain away from the detention facilities. There is approximately 5,685 SF of proposed surface that will sheet flow to the northeast wetlands within the Eagledale watershed. Another portion of the proposed site, totaling 3,715 SF of proposed surfacing will be dispersed to the adjacent forested areas to the south of the site. New plus replaced impervious surfaces in these basins will be mitigated by permeable grass pavers and sheet flow dispersion BMPs. TRAFFIC REPORT: The traffic analysis was incorrectly based on the potential of 600 students, which could occur under a subsequent addition, rather than the current proposal to have students equal to or slightly less than the current enrollment. The report made recommendations to meet concurrency at the Blakely Avenue NE at NE Bucklin Hill Road intersection based on 600 students rather than 450. It was determined that the proposed school will not increase student enrollment and there is no requirement for mitigation at the surrounding intersections for this proposal. 2. Design Review Board. The Design Review Board (DRB) reviewed the application at a meeting during the pre-application phase the application phase. The DRB review was two-fold: to review the proposal for consistency with the City’s commercial/mixed use design guidelines; and to make general site and building design recommendations. The original review and discussion between the DRB and the Board occurred on March 6, 2107 and centered primarily on the proposed entrance/exit driveway for the school. The DRB strongly suggested that the Board realign the driveway to directly opposite of the Baker Hill Road intersection. The Board was concerned that this would impact utilities, result in additional clearing of trees and stormwater requirements. Following the meeting, the Board redesigned the access drive that was later reviewed by the Board. The second meeting was held on September 11, 2017. The DRB approved the re-design with the following conditions: add a footpath from the southwest corner of the site to access the east side of the bus parking area and to further develop the landscaping plan in the main entry “spine” of the campus. IV. COMPREHENSIVE PLAN GOALS AND POLICIES Capital Facilities: Policy CF 1.2 Coordinate with other capital facilities service providers to keep each entity current, maximize cost savings, and schedule and upgrade facilities efficiently. In general, it is the policy of the City to transfer parklands to the Park District whenever desirable and practical. The School District and the City met early in the review process to understand the opportunities and constraints and process including timeline to create a shared understanding. Economic Element: Policy EC 4.4 Promote Bainbridge Island as a family-friendly community with high quality schools, recreational opportunities and a safe, clean environment. The School District is interested in Blakely Elementary School, PLN50767CUP, SPR & HMP Page 12 of 30 replacing a high quality school while providing recreational opportunities on an existing, disturbed site that has a Class I/II wetland buffer and a fault hazard. Land Use Element: Goal: Develop context-sensitive regulations for residential development in areas designated R-2, R-1 or R-0.4, in order to limit clearing, soil disturbance, promote low impact development and reconcile development and conservation. The District has made changes to their original plan to reduce the amount of clearing and lessen the impacts on the portions of the high quality buffer by reducing and relocating the proposed fire access and reducing the amount of trees proposed for removal. To offset the impracts, the school has been conditioned to meet mitigation measures that are found to increase the functions and values of the existing buffer by planting an almost equivalent area of forest to building/impervious surface. Policy LU 18.1 It is the policy of the City to cooperate and coordinate with all other governmental entities which serve the people of Bainbridge Island. The School District and the City have coordinated schedules to review the project and be sensitive to milestones and timelines. Environmental Element: Policy EN 1.2 Taking into account the present and future need to reduce the potential for personal injury, loss of life, or property damage due to flooding, erosion, landslides, seismic events, climate change or soil subsidence, properties adjoining or adjacent to critical areas must be developed in observance of the following principles in descending order: • Avoid the impact if possible. • Minimize or limit the degree or magnitude of the action and its implementation by using appropriate technology to avoid or reduce impacts. • Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action. • Rectify by repair, rehabilitation or restoration of the affected environment. • Compensate for unavoidable impacts by replacing, enhancing or providing substitute resources or environments. Policy EN 9.1 • Consider the best available science in mapping these high-risk areas and in regulating and permitting land use activities in areas that have a heightened risk from earthquakes such as liquefaction areas and fault rupture zones, tsunami or other geological hazards. • Policy EN 1.7 To protect the island’s ecosystems, discourage the use of neonicotinoid pesticides. The city has reviewed the application for consistency with the policies of the environmental element in regards to the wetland buffer and fault hazard areas on-site. The City has found that the proposed project does meet the environmental element policies with the proposed mitigation to the wetland habitat buffer. The City has found that based on the geotechnical engineer analysis provided by the District, the location of the school as conditioned meet the policy for reducing earthquake risk to the school building. V. LAND USE CODE ANALYSIS 1. BIMC 16.20 Critical Areas, Seismic Hazard – Fault Hazard Area The Site is located in a seismically active area and is within the Seattle Fault zone, a shallow crustal tectonic structure that is considered active (meaning it has the potential to cause earthquakes in the future). The recurrence interval of earthquakes on this fault zone is believed to be on the Blakely Elementary School, PLN50767CUP, SPR & HMP Page 13 of 30 order of a thousand years or more. The Site also lies within the zone of strong shaking from subduction zone earthquakes. The recurrence interval of these earthquakes is thought to be on the order of about 500 years. The most recent subduction zone earthquake occurred in 1700. Deep intraslab earthquakes also occur in the region every decade or two, including the 2001 Nisqually earthquake. These earthquakes are generally less severe than the shallow crustal and subduction zone earthquakes, but have the potential to cause damage to older structures built before modern seismic codes were enacted, and those in liquefaction sensitive areas BIMC 16.20.150, Geologically Hazardous Areas Fault Hazard Area, a seismic hazard area: Seismic hazard areas” means areas subject to severe risk of damage as a result of seismic induced ground shaking, or surface faulting. While ground shaking is the principal risk because the entire island will shake significantly, severe damage will occur where slope failure, liquefaction, and settlement are induced by the shaking and surface rupture is created by fault movement. The following areas are considered seismic hazard areas: Fault Hazard Areas. Areas of known surface rupture or significant surface deformation as a result of an active fault movement, including 50 feet on either side. The Municipal Code requires a 50- foot setback from known active faults. While the preliminary investigation by Aspect did not identify an active fault on the Site, the inherent uncertainty and limitations associated with past site grading, vegetative cover, and isolated explorations indicated it would be prudent to site the proposed school building as far north as practical. At a minimum, they recommend siting the proposed school building a distance of 50 feet north of the southern site boundary. The proposed placement of the school meets this minimum distance requirement. Fault Hazard. The applicant shall provide a geologic/geotechnical analysis containing information specified by the city engineer that documents the presence or absence of any surface deformation on the site in areas mapped by the city. If deformation is located, the applicant shall provide a geotechnical analysis containing information specified by the city engineer, which concludes that the development proposal as mitigated meets the standards of this section. In the opinion of Aspect, design of the new structures in accordance with the current version of the International Building Code (IBC) will mitigate seismic hazards to acceptable risk levels (Condition 15). WETLAND BUFFER: The adjoining Islandwood property, east, northeast of the site has a large wetland area with the eastern boundary of the Blakely School site containing portions of a 300- foot Category I/II Wetland buffer (consisting of a 100-foot inner water quality buffer and a 200- foot habitat buffer). Currently, the buffer consists of forest/shrub cover, lawn play areas and the existing school and hardscape. Construction proposed within the buffer includes: a new waterline connection within an existing waterline easement that will be trenched and connected to the proposed school building, a fire lane and portions of the proposed school for a total of approximately 34,200 square feet. The applicant applied for a Habitat Management Plan in order to construct within the Category I/ii wetland habitat buffer (200 foot buffer). HISTORY OF HMP ITERATIONS (DATES): 1. The original HMP was submitted on 7/1/2017. 2. The City drafted comments on the plan on 7/16/2017. 3. Following a meeting with the City, the District provided a revised HMP on 7/19/2017. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 14 of 30 4. The HMP was routed to the Environmental Technical Advisory Committee (ETAC), the Washington Department of Fish and Wildlife (WDFW) and the Suquamish Tribe. 5. The City recommended a revised amount of mitigation on 9/22/2017. 6. The District submitted a revised plan on 9/25/2017. 7. The City routed the revised plan to ETAC, WDFW and the Tribe. 8. The City received comments from ETAC members (10/6/2017 & 10/9/17) and WDFW (10/11/2017). 9. A revised plan was submitted by the District to the City on 10/11/2017. 10. The City made a determination that the plan did not satisfactorily demonstrate that the habitat functions and values will be improved by implementation of the proposal on 10/12/2017. 11. Following the October 18, 2017 Planning Commission meeting, an addendum to the Critical Aras Habitat Management Report by Raedeke was submitted on October 25, 2017. 12. On October 26, 2017, the City performed a habitat buffer functional assessment and determined that the amount of mitigation was adequate and made recommendations moving forward. DESCRIPTION OF HMP VERSIONS: The first revised plan (dated 7/19/2017) following an initial review by Staff and conversations with the District’s wetland biologist proposed the following mitigation: 3,595 square feet of native northwest forest canopy, 8,200 square feet of meadow plantings and 32,270 square feet of no mow fescue and 20,096 square feet of proposed conservation area along the northern boundary. Following the procedures in the Code, the City routed this application for review to the Environmental Technical Advisory Committee (ETAC), the Washington Department of Fish and Wildlife (WDFW) and the Suquamish Tribe. Additionally, the City received comments from our Senior Planner, a former wetland biologist. Collectively, the comments expressed concerns that the proposal was inadequate. The City shared the comments and expressed their concerns with the District. The City suggested an amount of mitigation (9/22/2017) that would satisfy the requirements of the HMP that included approximately 35,000 square feet of northwest canopy. Following that meeting, the District submitted a revised plan (dated 9/25/2017) that was composed of the following: 14,055 square feet of native forest mitigation plantings, 30,010 square feet of no mow fescue/drought tolerant lawn and 20,096 square feet of proposed conservation area along the northern boundary. Again, the City routed the revised plan to ETAC, WDFW and the Tribe. Some members of ETAC performed a site visit. Additionally, the plan was reviewed by our Senior Planner. Again, the plan was found to inadequate. A revised plan was submitted by the District on 10/11/2017 that was composed of the following: 14,794 square feet of native forest mitigation plantings, 54,875 square feet of no mow fescue/drought tolerant lawn and 40,081 square feet of proposed conservation area along the northern boundary. A final plan was submitted on October 25, 2017 by Raedeke Associates, Inc. composed of the following: 29,968 square feet of buffer restoration/enhancement to establish a full native forest/shrub community within the degraded portions of the habitat and water quality buffers that now consist of the lawn and play areas. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 15 of 30 For reference, the HMP regulations are included in full below. BIMC 16.20.060 Habitat management plan. A. General. A habitat management plan shall comply with the requirements of this section, and shall clearly demonstrate that greater protection of the functions and values of critical areas can be achieved through the HMP than could be achieved through providing the prescribed habitat buffers. The director shall prepare performance standards and monitoring guidelines for habitat management plans, including a program for city oversight of such plans. Once the standards and guidelines are in place, an applicant may propose to implement an HMP as a means to protect habitat buffers associated with wetlands and/or fish and wildlife conservation areas. B. Intent. HMPs are primarily intended as a means to restore or improve buffers that have been degraded by past activity, and should preserve, and not reduce, existing high quality habitat buffers. While not primarily intended as a means to reduce buffers, the HMP may propose a reduction of the habitat buffer width where it is shown that the HMP will comply with the other requirements of this section. An HMP shall not reduce the prescribed water quality buffer width as listed in BIMC 16.20.130 and 16.20.160 under any circumstance. According to the report provided by Raedke, the portion of the buffer that is currently used as lawn and play area has greatly reduced functions of the habitat functions and valued. The act of mowing traps plant species in a state of immaturity never giving the species an opportunity to function at its most efficient and mature state. The play area generates noise pollution that may impact species utilizing the area. The Districts proposal includes additional forested area (29,968 square feet) that exceeds the amount of new buildings/hardscape (26,126 square feet). C. Effect of Buffers. An HMP shall provide habitat functions and values that are greater than would be provided by the prescribed habitat buffers. When habitat buffers are a component of an HMP, they shall be at least the minimum size necessary to accomplish the objectives of the HMP. The HMP may propose, but the city shall not require, a habitat buffer containing a greater area than is required by the prescribed habitat buffer. “Buffer” means an area adjoining to and a part of a critical area that is required for the continued maintenance, functioning, and/or structural stability of that critical area, or an area adjacent to a stream or wetland that (a) surrounds and protects the functions and values of the stream or wetland from adverse impacts, (b) is an integral part of a stream or wetland ecosystem, and (c) provides shading, input of organic debris and coarse sediments, room for variation in stream or wetland edge, habitat for wildlife, and protection from harmful intrusion, to protect the public from losses suffered when the functions and values of the wetland or stream are degraded. The prescriptive habitat buffer is 148,362 square feet. D. Impact Mitigation – General. The HMP shall encompass an area large enough to provide mitigation for buffer reduction below the standard required buffers, and shall identify how the development impacts resulting from the proposed project will be mitigated. The developer of the plan shall use the best available science in all facets of the analyses. The Washington Department of Fish and Wildlife Priority Habitat and Species Management Recommendations, dated May 1991, and/or bald eagle protection rules outlined in WAC 232-12-292, as now or hereafter amended, may serve as guidance for this report. For habitat management plans addressing wetland buffers, Method for Assessing Wetland Functions, Ecology Publication No. 99-116 shall be used for guidance in determining function equivalency. The report indicates the school will provide the following mitigation measures: 1) Enhancement of degraded on-site portions of the Wetland 18 buffer through installation of native trees, shrubs, low cover, no-mow, and low-mow areas; Blakely Elementary School, PLN50767CUP, SPR & HMP Page 16 of 30 2) Removal of Himalayan blackberry from the on-site wetland buffer located on the site property where areas are to be planted; 3) Implementation of stormwater management on a site that does not currently have any stormwater management; 4) Construction of the fire lane with a combination of grass and concrete to promote infiltration of runoff within the wetland basin; 5) Installation of trails limited to 5-feet wide within the buffer will be oriented to avoid tree removal and be constructed of pervious materials (i.e. mulch); 6) Native understory vegetation would be retained to the greatest extent feasible during construction; 7) Invasive species would be removed in all locations of buffer disturbances; 8) The new proposed trails and learning areas would be for educational purposes within the buffer and restricted to those conditions E. HMP Review. All habitat management plans shall be submitted to the Washington State Department of Fish and Wildlife habitat biologist and to the Suquamish Tribe for review and comment. Within that same time frame, the city’s environmental technical advisory committee shall be asked to review the HMP and provide comments. The original and revised HMP proposals were reviewed by the Washington State Department of Fish and Wildlife, the Suquamish Tribe, the city’s environmental technical advisory committee, as well as the City’s Senior Planner, a former wetland biologist. The review comments from these agencies, committee and staff resulted in various iterations of a HMP, with a final addendum submitted on October 25, 2017 that was found to meet the HMP criteria. F. Map. The habitat management plan shall contain a map prepared at an easily readable scale, showing: 1. The location of the proposed development site; 2. Property boundaries; 3. The relationship of the site to surrounding topographic, water features, and cultural features; 4. Proposed building locations and arrangements; 5. A legend which includes a complete legal description, acreage of the parcel, scale, north arrow, and date of map revision. G. Report. The habitat management plan shall also contain a report which contains: 1. A description of the nature and intensity of the proposed development; The proposed development in the wetland buffer is 26,126 square feet of school building and hardscape (24,323 building and 1,803 square feet of paths, impervious area and walkways) within the 160,394 square foot prescriptive wetland buffer (habitat and wetland) and 5,579 square feet of grass paving for the fire lane . The proposed school is in the habitat buffer and the HMP proposes to mitigate within both the water quality and habitat buffer. 2. An analysis of the effect of the proposed development, activity or land use change upon the wildlife species and habitat identified for protection. If the habitat management plan is addressing wetland habitat, the analysis shall compare an assessment of wildlife habitat suitability of the wetland applying standard buffers with an assessment of habitat suitability as proposed using Method for Assessing Wetland Functions, Washington State Department of Ecology (if available for the specific hydrogeomorphic classification); The proposed (revised plan) achieves greater function by preserving existing high functioning (forest/shrub) habitat, and enhancing currently low functioning habitat (lawn and areas dominated by invasive species) by planting native forest/shrub plantings. The area of enhancement (29,968 sf) exceeds the total area of proposed impervious surfaces within buffer (26,126 sf). Under existing conditions, the overall prescribed buffer consists of 45.8% relatively high functioning Blakely Elementary School, PLN50767CUP, SPR & HMP Page 17 of 30 buffer of forest/shrub cover; the rest (54.1%) is highly degraded, low functioning (building/hardscape and heavily used lawn). Under the proposed plan, implementation of the proposed forest/shrub plantings would increase the area of higher functioning buffer over time to a total of over 60% of the 300‐foot buffer, and the rest would consist of lawn or other landscaping (including a vegetated, permeable fire lane and proposed buildings, paths, and trails). 3. A plan which identifies how the applicant proposes to mitigate any adverse impacts to wildlife habitats created by the proposed development. For wetland or other habitats protected by this chapter, the application shall show, using the appropriate function assessment methodology, that habitat functions and values are greater after the development than would occur had the prescribed buffers been provided (see mitigation plan requirements, BIMC 16.20.110); The City found that the proposed mitigation provides habitat functions and values greater after the development than would occur had the prescribed buffers been provided. This determination was based on an analysis using the credit debit method, which establishes the amount of mitigation needed (debit) by multiplying the area of impact by the score for each function then compares it to the mitigation proposed (credit). The method is based on the Washington State Wetland Rating System for Western Washington. 4. All review comments received from a habitat biologist from the Washington State Department of Fish and Wildlife (WDFW) and the Suquamish Tribe. If the HMP recommends mitigation involving federally listed threatened or endangered species, migratory waterfowl or wetlands, the U.S. Fish and Wildlife Service shall receive a copy of the draft HMP; The project was reviewed by WDFW and the Suquamish Tribe. 5. For properties subject to the provisions of the city’s shoreline master program, Chapter 16.12 BIMC, a site-specific analysis of the project’s impact on shoreline fish and wildlife habitat, as currently required by the SMMP, utilizing the provisions for environmentally sensitive areas as provided in Exhibit A in BIMC 16.20.260; The property is not subject to the shoreline master program. 6. The HMP shall specifically address, as appropriate, the following: a. Enhancement of existing degraded buffer area and replanting of the disturbed buffer area with native or equivalent vegetation; Degraded play areas within the buffer total approximately 66,122 square feet (3,595 square feet of the water quality and 62,527 square feet of the habitat buffer) and consist of regularly mowed lawns with some areas of bare ground that are heavily used by students and staff. Contiguous forested areas in the buffer total 73,508 square feet (approximately 65,088 square feet in the habitat buffer and 8,420 square feet within the water quality buffer). The proposed buffer restoration/enhancement area will encompass approximately 29,968 square feet within the overall buffer area. The area will provide plantings to establish a full native forest/shrub community within the degraded portions of the habitat and water quality buffers. In addition, the buffer enhancement area would extent into the edges of the existing forest/shrub cover on the northwestern portions of the restoration area. In these locations, where the restoration overlaps into existing forest area to remain, thickets of invasive Himalyan blackberry and installation of infilll plantings may occur where needed. Additionally, areas around the proposed buildings, pathway, and fire lane that are within the buffer, outside of the proposed buffer restoration/enhancement area, would be planted with an eco-lawn mixture of grasses. b. The use of alternative on-site wastewater systems in order to minimize site clearing; Blakely Elementary School, PLN50767CUP, SPR & HMP Page 18 of 30 c. Infiltration of stormwater where soils permit; All stormwater is proposed to be managed and redirected from impervious surfaces to approved stormwater management facilities located outside of and west of the standard critical area buffers. d. Retention of existing native or equivalent vegetation on other portions of the site in order to offset habitat loss from buffer reduction; The plan proposes additional forested area that exceeds the proposed amount of new buildings/hardscape (new forest: 29,968 square feet, buildings/hardscape: 26,126), and no mow fescue (25,213 square feet) for a total restoration/improvement area of 60,760 square feet (existing and new forest plus 5,579 square feet). e. The need for fencing and signage along the buffer edge. The applicant proposes and the city recommends fencing along the perimeter of the buffer area. H. Mitigation Measures. Possible mitigation measures to be included in the report, or required by the director, could include, but are not limited to: 1. Establishment of buffer zones; 2. Preservation of critically important plants and trees; 3. Limitation of access to habitat areas; 4. Seasonal restriction of construction activities; 5. Establishing phased development requirements; and According to the report from Raedeke dated October 25, 2017, the following mitigation measures were applied to this project: The proposed plan avoids direct adverse impacts to existing high functioning forest/shrub habitat in the buffer, including the inner water quality buffer. • The proposed total area of impervious within the buffer (26,126 sf) would be mitigated in part by buffer restoration and enhancement planting approximately 29,968 sf, with native forest/shrub plantings, which consists of existing heavily used lawn area, in the inner portions of the buffer. This would greatly increase the total area of native forest/shrub cover over time, increasing the area of higher functioning wildlife, compared with existing conditions or with continued retention of degraded, fallow conditions. • Enhancement via plantings of native forest/shrub cover is proposed within portions of the water quality and inner portions of the habitat buffer, contiguous with existing forest habitat, where they would have the most benefit in improving habitat functioning, consistent with best available science on wetland buffer functioning (e.g., Granger et al. 2005, Hruby 2013; Sheldon et al. 2005); with successful development of the proposed forest/shrub buffer restoration and enhancement plantings (totaling 29,968 sf), the minimum width of forest/shrub cover in the buffer would increase significantly compared with current conditions or if the existing degraded areas of the buffer were left to go fallow. • Proposed buildings/hardscapes would be located in the outer portions of the prescriptive buffer, entirely outside the wetland drainage basin in areas that are currently low functioning; the proposed buildings and associated features would not impact any areas of currently high‐ functioning buffer; thus the proposed building and hardscape area would have no measureable impact on hydrologic or water quality conditions within the off‐site wetland. • Existing paved play areas within the wetland buffer (nearest edge approx. 120 feet from the wetland boundary) would be removed, portions of which currently occur within the drainage basin of the wetland, and soils decompacted and planted with either native forest/shrub within the buffer restoration area or with native “eco‐lawn”, which would promote infiltration of stormwater runoff, thereby help to enhance water quality protection within the buffer and thus help to protect habitat functions of the off‐site wetland. Under the proposal, the nearest Blakely Elementary School, PLN50767CUP, SPR & HMP Page 19 of 30 hardscape edge to the wetland would increase from 120 feet under current conditions to approximately 190 feet for the nearest proposed building corner or walkway. • The Proposed fire lane within the buffer (totaling 5,579 sf) is reduced in width from standard requirements (while still meeting fire access requirements) and proposed to consist of permeable surface (such as “Grasspave” or equivalent), to further promote infiltration of stormwater runoff and vegetation for habitat. • Stormwater runoff from the proposed building directed away from wetland (mostly already outside wetland drainage basin) and routed through water quality treatment and detention facilities. The net on‐site area that drains to the wetland would remain the same as under current conditions, thereby avoiding adverse hydrologic impacts and maintaining hydrologic conditions within the wetland. • The existing waterline easement that is currently compacted lawn will be planted with shallow rooting shrub and/or understory plantings within the restoration planting area. Adaptive management during maintenance activities associated with the easement could involve invasive species treatments (removal) and restoration with native species plantings consistent with this plan. • The proposal includes demarcation of the boundary of the proposed modified buffer area, encompassing existing forest/shrub habitat as well as the proposed restoration/enhancement areas with fencing and signage in a manner consistent with BIMC code requirements, with specific details to be determined in coordination with City staff. • To the extent feasible, the proposed project would employ mitigation measures similar to those outlined in Table 7 in BIMC 16.20.160.D(6) to further minimize potential impacts from light, noise, toxic runoff and human disturbance. Examples include: o Light – exterior building lighting within the buffer would be shielded and oriented to avoid light shining into the buffer areas or the off‐site wetland o Noise and Human Disturbance – human activity within the designated buffer would be limited via proposed fencing and signage, and shifting of primary play areas into the proposed playfield located mostly outside the buffer or in the outermost portion at the base of a forested slope (more than a 10‐foot separation at ground surface elevation between the toe and top of slope). Primary access to the portions of the buildings that extend into the buffer would be located on the south and west sides, outside the buffer. o Toxic Runoff – no toxic runoff would be directed toward the wetland; stormwater runoff from impervious surfaces would be directed away from the wetland. Increased area of native forest/shrub cover, with decompacted and revegetated soils to promote better infiltration compared with current conditions. o Change in Water Regime – the net area within the drainage basin of the wetland within the buffer would remain the same, compared with existing conditions, thus avoiding changes to hydrologic conditions within the wetland (LPD Engineering PLLC 2017). 6. Monitoring plan for a period necessary to establish that performance standards have been met. Generally this will be for a period of seven to 10 years. The purpose of the monitoring program are: (1) to document physical and biological characteristics of the enhanced wetland buffers, and (2) to ensure that the goals and objectives comply with permit specifications (Josselyn et al. 1990). The monitoring process would consist of three distinct phases: (1) construction monitoring; (2) compliance monitoring; and (3) long-term monitoring. Monitoring reports would be submitted to the City of Bainbridge Island as soon as possible after the monitoring has been completed, with a target date of December 31 of each Blakely Elementary School, PLN50767CUP, SPR & HMP Page 20 of 30 monitoring year, for a period of seven years. A restoration maintenance assurance device shall be submitted and accepted prior to the completion of the restoration and shall be held during the monitoring period. I. HMP Adequacy. The HMP shall demonstrate to the satisfaction of the director that the habitat functions and values are improved by implementation of the HMP. If there is a disagreement between the director and the applicant as to the adequacy of the HMP, the issue of plan adequacy shall be resolved by consulting with the Washington Department of Fish and Wildlife for HMPs relating to streams or the Washington Department of Ecology for HMPs relating to wetlands. If the state agencies are not available in a timely manner, the applicant may choose to have the city refer the HMPs to a third party consultant at the expense of the applicant. After consultation with such state departments or third party consultant, the director shall make a final decision on the adequacy of the HMP. The director agrees that the proposed October 25, 2017 plan demonstrates that the habitat functions and values are improved with the implementation of the HMP. J. Timing. An HMP must be developed and approved either prior to preliminary plat approval or issuance of the building permit, as applicable, and must be implemented before the city grants either final plat approval or an occupancy permit, as applicable. Prior to building permit issuance, the District shall submit a revision to Section 8.0, Wetland Buffer Mitigation Plan, of the July 19, 2017 Critical Areas and Habitat Management Report (HMP) prepared by Raedeke Associates, Inc. that includes: Project revisions provided in the October 25, 2017 Addendum to the HMP prepared by Raedeke Associates, Inc. The mitigation plan shall include an updated figure depicting the “restoration planting area” of approximately 30,000 square feet including native species appropriate to the site and sufficient to provide wetland protection and forested buffer functions. The mitigation plan shall be in substantial compliance with BIMC 16.20.110 – Mitigation Plan Requirements and guidance provided in Wetland Mitigation in Washington State: Part 2 - Developing Mitigation Plans (Version 1, March 2006, Publication #06-06-011b); and recommendations as provided in the Habitat Buffer Functional Assessment prepared by City staff dated October 26, 2017; including; 1) Ensure measures to minimize impacts of adjacent land use are required to the extent feasible; 2) Maximize structural diversity in planting plan; consider adding emergent or groundcover species; 3) Increase number of plant species in planting plan; 4) Consider enhancement to existing forested habitat buffer; 5) Include special habitat features; e.g., downed large woody debris in restoration planting area; 6) Require low -impact fencing at edge of restoration planting area (in accordance with Condition 4, above); 7) Further refine non- planting mitigation measures (e.g.; soil amendment, invasive species removal); and 8) Explore potential to provide shrub plant community instead of “ecolawn”. K. Performance Surety. The director may require that the applicant provide a performance surety to ensure conformance with mitigation requirements of the habitat management plan pursuant to BIMC 16.20.180. (Ord. 2005-03 § 2, 2005) A mitigation plan is required to address impacts to the wetland and associated buffer. A monitoring report shall be submitted annually, for a period of seven (7) years. A restoration maintenance assurance device shall be submitted an accepted prior to the completion of the restoration and shall be held during the seven year monitoring period pursuant to BIMC 16.20.180 (performance and maintenance surety). The project is proposed mitigation plan shall meet these requirements, including the maintenance assurity, prior to the issuance of a building permit for the school (Condition 14). Development Standards. The Code provides examples of measures that might be provided in to minimize impacts of certain activities. To meet some of these recommended mitigation measures, the project is conditioned to: limit the amount of lighting to the rear of the school to limit the amount of light Blakely Elementary School, PLN50767CUP, SPR & HMP Page 21 of 30 intrusion into the wetland; install fencing to establish the buffer and limit intrusion into the wetland; and record a covenant to limit the use of pesticides (Condition 13 & 40). Fencing and Signs Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the director, between the area where the construction activity occurs and the buffer. Fences shall be made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction fences may be used to prevent encroachment on wetlands or their buffers by construction. Temporary fencing shall be removed after the site work has been completed and the site is fully stabilized per city approval. The project is conditioned to provide temporary fencing prior to commencing construction and to maintain the fencing until the work is complete and the site is fully stabilized (Condition 1-3). The director may require that permanent signs and/or fencing be placed on the common boundary between a wetland buffer and the adjacent land. Such signs will identify the wetland buffer. The director may approve an alternate method of wetland and buffer identification, if it provides adequate protection to the wetland and buffer (Condition 4 & 5). BIMC 16.20.180 Performance and Maintenance Surety The director shall decide when a performance surety is required. A performance surety shall not be required when the actual cost of performance is less than $1,000. The project is conditioned to ensure that the plantings are installed or an assurance device is secured prior to the issuance of a final on the school (Condition 14). The District shall submit an annual report monitoring the plants to ensure their survivability for a period of seven years after the plant installation. Any plants found to not survive shall be replanted (Condition 14). BIMC 16.20.190 Notice of title The owner of any property with field-verified presence of critical area or buffer on which a development proposal is submitted shall file for record with the Kitsap County auditor a notice approved by the director in a form substantially as set forth in subsection B of this section. Such notice shall provide notice in the public record of the presence of a critical area and buffer, the application of this chapter to the property, and that limitations on actions in or affecting such areas may exist. The District shall submit a recorded notice to title prior to the issuance of the building permit (Condition 40). 3. BIMC Title 18 Zoning A. BIMC 18.06.020, Purpose of individual residential districts: The purpose of the R-0.4 zone is to provide low-density housing in an environment with special Island character consistent with other land uses, such as agriculture and forestry, and the preservation of natural systems and open space. The low density of housing does not require the full range of urban services and facilities. While the proposal is not residential, schools are a conditional use in this zoning district and is the subject of this application. B. BIMC 18.09.02 Use TABLE Educational Facilities are a conditional use in the R-0.4 zoning district. C. BIMC 18.09.030 Use-specific standards. Applications to locate uses categorized as educational facilities, governmental facilities, religious facilities, health care facilities, cultural facilities, or clubs in Table 18.09.020 in residential zones shall be processed as major conditional use permits pursuant to BIMC. Major conditional use criteria and analysis is provided below. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 22 of 30 D. BIMC 18.12.020-3, Standard Lot Dimensional Standards for Residential Zone Districts a. Maximum Lot Coverage: The maximum lot coverage by educational buildings is 15% (BIMC 2.16.110). The existing site is 12.17 acres or 530,125 square feet. The allowable lot coverage is 79,159 square feet. The proposed lot coverage is 53,566 square feet (a reduction of 2,874 square feet from the original proposal) or approximately 10.1%. b. Minimum Setbacks. 25’ front yard (Baker Hill Road), 15 for each side yard and 25’ for the rear yard. The proposed school building meets and exceeds the standard zoning minimum setbacks. c. Maximum Building Height. The base building height in this district is 30’. A 5’ bonus for nonresidential uses is permitted with a conditional use permit. The school district is proposing to have portions of the building just shy of 35 feet. This additional height is subject to a conditional use permit. 2. BIMC 18.15 Development Standards and Guidelines A. BIMC 18.15.010: Landscaping and Screening a. Landscape Requirements by Zone District Projects subject to the conditional use permit process may be required to exceed the requirements of this chapter. Nonresidential uses in residential districts require compliance with the following: significant tree & tree stand retention, perimeter landscape, roadside buffer (only adjacent to Hwy 305), parking lot landscaping, total site tree unit requirements, planting requirements and irrigation & maintenance requirements. b. Total retention, protection and replacement Retention: Trees and tree stands located in the perimeter areas required to be landscaped pursuant to subsections D and E of this section shall be retained and protected as described in subsection C.4 of this section, unless an applicant can demonstrate during the land use permit review process that the existing trees and vegetation will be compromised after the development is complete, and would likely become hazardous as described in subsection C.1.c of this section. If the applicant can demonstrate that hazard, then new trees and vegetation may be planted pursuant to the planting standards of subsection D.4 of this section. Perimeter landscape widths may be averaged to save significant trees, but shall not be reduced to less than the allowed minimum perimeter dimension. c. Exceptions. Significant trees and tree stands may be removed if it is determined by a consulting arborist who is certified by the American Society of Consulting Arborists, or a TRACE certified professional as established by the PNW Chapter of the International Society of Arboriculture, and whose services are paid for by the applicant, that the vegetation is: i. A safety hazard due to potential root, trunk, or primary limb failure, or due to exposure of mature trees that have grown in a closed, forested situation; or ii. Damaged, diseased, or standing dead trees. The original site plan had trees proposed for removal from the southern boundary due to the fire lane. However, after meeting with the fire marshal, the District modified their plan to ‘tuck in’ the fire lane and protect the trees within the buffer. Replacement: Unauthorized removal of trees shall result in at least one-and-one-half times (150 percent) of the number of tree units removed. The trees removed shall be Blakely Elementary School, PLN50767CUP, SPR & HMP Page 23 of 30 replaced with trees of the same type, evergreen or deciduous. Native shrubs and ground cover shall also be replaced when replacing tree stands due to unauthorized removal. Shrubs shall be one-gallon size planted four feet on center spacing; ground cover shall be one-gallon size planted three feet on center spacing. The shrubs and ground cover shall be planted within the limits of the previous tree stand canopy. This shall be noted on the sheet for the contractor that identifies all trees proposed for retention (Condition 44). Removal: A property owner may request removal of trees required to be retained pursuant to this chapter by applying for a clearing permit with a replanting plan. Trees will be approved for removal only if they meet the hazard tree requirements. This shall be noted on the sheet for the contractor that identifies all trees proposed for retention (Condition 44). Enforcement and Penalties: Failure to retain, replace or transplant trees will be enforced as follows; provided, that any fine shall be no less than three times the value of the trees, as determined by the current standards of the International Society of Arboriculture. The city may issue the following; stop work orders, injunction or abatement or any other appropriate action in courts and/or a civil infraction, subject to enforcement and fines. This shall be noted on the sheet for the contractor that identifies all trees proposed for retention (Condition 44). Protection during construction and development: The Code provides regulations intended to provide the best protection for existing vegetation, trees and tree stands, including protection for trees on adjacent properties, and to preserve the ecological function of the landscaping area by protecting existing soil. The applicant provided a tree protection detail to include high chain link fence around the dripline or the critical root zone, whichever is greater. The project is conditioned to meet these methods and will be reviewed for compliance during the pre-clearing phase (Condition 2). Perimeter Buffering and Screening. Nonresidential uses in areas outside Winslow require a 25’ full screen when abutting residential development. The surrounding properties are zoned residential and a full 25’ buffer applies along the perimeter of the site. Supplemental plantings are required and proposed along Blakely Avenue, which also satisfy the street frontage l andscaping requirement (below), with the exception of the portion of the buffer perpendicular to the main entrance of the school which requires enhancement. Street Frontage Landscaping. Nonresidential uses within residential zone districts require a 25’ partial and 15’ minimum screen when abutting right of way. A footnote states that all roadside buffers must be planted if not already existing. The proposal includes supplemental planting plan for shrubs and trees along Blakely Avenue to meet the 25’ full screen (perimeter) requirement. Parking Lot Landscaping. Parking lot landscaping standards are specific to the nonresidential uses and the proximity of the buildings and the parking lot to the public rights of way. Parking lots adjacent to public rights of way require the following: i. One tree for every four parking stalls; and Minimum 30 percent evergreen trees; and Deciduous trees minimum two-inch caliper, evergreen trees minimum six feet high at the time of planting; Blakely Elementary School, PLN50767CUP, SPR & HMP Page 24 of 30 and Evergreen shrubs minimum 18-inch height at the time of planting spaced no more than three feet on center, to provide a continuous hedge achieving a maximum height of three feet at maturity located adjacent to the rights-of-way (this may be achieved with the perimeter landscape); and Evergreen ground cover planted and spaced to achieve total coverage within two years; and A landscaped area at the end of parking aisles. Parking lot landscaping is proposed on either side of the parking areas to provide a continuous canopy and shade along the eastern edge of the parking lot. The western edge, which is in close proximity to the perimeter landscape buffer is conditioned to be enhanced to provide trees and shrubs that meet this requirement. Tree units. Tree units can be met by either having the development parcel have at least 40 tree units per acre following the proposed development or redevelopment OR the development parcel will contain at least the same number of tree units after the proposed development or redevelopment as it had before that development or redevelopment. The District is proposing to have at least the same number of tree units after the proposed redevelopment as it had before. They propose to remove 58 trees on site. The tree unit value of these trees is 199.8. The District intends to replace these trees to meet the requirements. The final landscape plan is conditioned to meet the tree unit requirement (Condition 41). Performance Assurance. Performance assurance is required to assure the city that the landscaping required by this section is properly installed, will become established and adequately maintained. The required landscaping shall be installed prior to the issuance of a temporary certificate of occupancy for the project. A Washington landscape architect, Washington certified nursery professional or Washington certified landscaper shall submit a landscaping declaration to the department to verify installation in accordance with the approved plans. The project is conditioned to meet this requirement (Condition 43). Maintenance Assurance. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved planting plan. A maintenance assurance device shall be required for a period of three years after acceptance by the city of the new planting or transplanting of vegetation to ensure proper installation, establishment, and maintenance. The project is conditioned to meet this requirement (Condition 43). B. BIMC 18.15.020 Parking and Loading General Requirements. a. Number of Spaces Required. The Code requires the following amount of spaces: 1 space per 50 students and 1 space per employee. The new campus is forecasted to serve 450 students by 2019 and has the capacity to serve 600 students in the long -term. At a requirement of 1 space for 50 students, the school w ould need 12 parking spaces to meet the parking demand for 600 students. If at maximum capacity the student-to- teacher ratio will equal the Washington State’s average student-to-teacher ratio of 18:1, then with 600 students the elementary school is anticipated with could anticipate 36 teachers for a total parking requirement at maximum capacity at 48 spaces. The Blakely Elementary School, PLN50767CUP, SPR & HMP Page 25 of 30 current site plan shows 67 marked vehicle spaces in the primary lot including 48 angled parking spaces for staff and teacher parking and 19 parallel spaces for student pick-up and drop off. The amount of spaces proposed exceed the minimum requirements for schools. Above-ground parking lots exceeding the number of spaces required by this section are not allowed unless approved by the planning commission. The District is requesting additional spaces to accommodate the potential peak demands and to provide parallel parking for safe drop off and pick up of students. Location of Spaces. Parking outside of the Mixed Use Town Center and High School Road I and II zoning districts is encouraged to be located behind, under or to the side of buildings. The existing school has parking currently located in front of the school, abutting Blakely Avenue NE. Due to the phasing of construction and in attempt to decrease the amount of hardscape, the District is proposing to continue to provide parking in the front of the school. b. Design Standards. Space depth shall be measured exclusive of access drives, aisles and other physical obstructions. Small car spaces may total no more than 30 percent of the required number. The proposed spaces meet the width and depth requirements for the type of spaces proposed (Condition 45). C. BIMC 18.15.030 Mobility and Access The north driveway will be relocated to become the east leg of Baker Hill Road. The new east leg is proposed with a right-turn lane for vehicles exiting the site to the north and a shared through-left turn lane. The existing utility pole will be incorporated into the design of the east leg-driveway and the pole will bisect the right and shared through-left turn lanes. The north driveway will provide access to the major parking lot which will be oriented for one- way counterclockwise traffic circulation. The lot includes 48 angled parking spaces and a student drop-off and pick-up area. There are 19, 20-foot long, parallel parking spaces that make up the major student drop-off and pick-up area. The existing south driveway will be retained, and its service area will be reconfigured for school buses and for some staff parking (five spaces). The bus area will include drop-off and pick-up and bus parking. a. Circulation and Walkways. The Municipal Code addresses safety, efficiency and the buffering of parking lots through landscaping. It also provides standards for pedestrian and internal walkways. The project is conditioned to provide the internal walkways with nonskid hard surfaces, to meet accessibility requirements and to provide a minimum of five feet of unobstructed width (Condition 38). b. Bicycle Facilities. Bicycle facilities are required to provide securing locking of both the frame and wheels of a bicycle. One bicycle space shall be provided for every five parking space. Covered bicycle parking is proposed near the entrance of the school. A minimum of 13 bicycle parking spaces are required (Condition 46). D. BIMC 18.15.040 Lighting. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 26 of 30 a. General Standards. All outdoor lighting fixtures installed on private property shall comply with this chapter. The Municipal Code provides for general standards for outdoor lighting to prevent light trespass and pollution. The District provided a lighting plan that will be reviewed with the building permit submittal for compliance with the lighting guidelines (Condition 11). E. BIMC 18.18.030 Specific Design Regulations and Guidelines Nonresidential development in the R-0.4 zones shall comply with those regulations contained in “Commercial/Mixed Use”. The project was reviewed for consistency with those guidelines at three Design Review Board meetings. The design guidelines are specific to site and building design. Attached are the applicants’ response to each guideline and the minutes from each Design Review Board meeting. 1. BIMC 2.16.040 Site Plans and Design Review Decision Criteria. i. The site plan and design is in conformance with the Bainbridge Island Municipal Code, unless a standard has been modified as a Housing Design Demonstration Project pursuant to BIMC 2.16.020. As conditioned, the proposal complies with all applicable provisions of the Code, with the exception of height, which is subject to conditional use approval. ii. The location of the buildings and structures, open spaces, landscaping, pedestrian, bicycle and vehicular circulation systems are adequate, safe and efficient. The site provides pedestrian, bicycle and vehicular circulation that is found to be adequate, safe and efficient. The site proposes to separate the bicycle parking from the student/teacher parking with sidewalks connecting to the main entrance. Additional pathways were added to provide trail connection from the south end of the site as well as the north end of the site. A bicycle path along the eastern side of Blakely Avenue will be constructed as part of this proposal. The proposed drive for student/teach parking was realigned to be directly across from Baker Hill Road to further efficient, safe access to and from the site. iii. The proposal will be served by adequate public facilities including roads, transit, water, fire protection, sewage disposal facilities and storm drainage facilities. As conditioned, the existing and proposed infrastructure is adequate for the traffic impacts, fire protection, water, sewage disposal and storm drainage needs of the project as discussed under the land use code analysis of this report. As conditioned, the development has received approval from the Bainbridge Island Fire District and the Development Engineer. iv. The site plan and design is consistent with the design guidelines contained in BIMC 18.18.030.B unless strict adherence to a guideline has been modified as a Housing Design Demonstration Project pursuant to BIMC 18.38. The proposed school building was reviewed against the Commercial and Mixed Use design guidelines at two Design Review Board meetings. All suggestions made by the DRB were implemented by the Board. The project is found to be in compliance with the design guidelines, as recommended and conditioned by the Design Review Board. v. No harmful or unhealthful conditions are likely to result from the proposed site plan. The department of Ecology sent a letter with suggested mitigation for the Blakely Elementary School, PLN50767CUP, SPR & HMP Page 27 of 30 demolition of the school in regards to mercury containing fluorescent lamps, asbestos and lead. The project is conditioned to dispose properly of those items to reduce potential impacts to the environment. Infrastructure improvements are provided to ensure that water and sewer and storm systems continue to operate without causing any harm. Mitigation is required for the impacts of the school on the habitat buffer by requiring the remaining portion of the water quality buffer to be planted with native forest, and areas of equivalent impacts is mitigated. vi. The site plan and design is in conformance with the comprehensive plan and other applicable adopted community plans. As conditioned, the site plan and design is found to be in conformance with the Comprehensive Plan and other adopted community plans. vii. Property which contains a critical area as defined in BIMC 16.20 conforms to all requirements of that chapter. The subject property contains geologically hazardous and wetland buffer critical areas. The geologically hazardous fault zone requires a 50’ buffer. In addition to providing this buffer, suggestions are made and the project is conditioned to meet 2. BIMC 2.16.110 Major conditional use permit. i. The conditional use is harmonious and compatible in design, character and appearance with the intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property. The school is located on a 12-acre property that is adjacent to Blakely Avenue, a secondary arterial road. The site has served the Island population since its original construction in 1963. The intent is for the school to provide a new school with no interruption of service during construction. The proposed buildings are one and two-story buildings that conform to the natural topography of the land. The total building coverage is 10.1%, just .1% above that what is allowed for residential development. The building design is residential in nature as the architecture breaks the buildings up into smaller units and the buildings are set into the sloping topography giving the appearance of singe story buildings from several elevations. The development will remove trees for the drive directly across from Baker Hill Road to improve safety. Where no trees exist or the trees do not provide a full screen within the buffers, additional trees and shrubs are proposed to be planted. ii. The conditional use will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities. The City Engineer finds that the access and pedestrian ways are coordinated with Blakely Avenue and the abutting Baker Hill Road. Improvements recommended by our city engineer include a mini-roudabout at the intersection of Blakely Avenue and NE Bucklin Hill Road. Additionally, a 6-foot wide paved bike lane and 3-foot gravel shoulder shall be provided along the adjacent full frontage of the property. With this mitigation, the City’s Development Engineer finds that the existing roads will become adequate to accommodate anticipated traffic. The project will also be Blakely Elementary School, PLN50767CUP, SPR & HMP Page 28 of 30 adequately served by public water, fire protection, sewer and storm drainage facilities. Prior to building permit issuance the applicant is required to obtain approval of their sewer and obtain a binding water availability letter from KPUD (Condition 25). The Fire Marshal finds that as conditioned, the development provides adequate fire protection facilities (Condition 16). iii. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property. If the HMP is found to be adequate, then the proposed school will provide mitigation for the school impacts in addition to providing setbacks and landscape screening to ensure the development will not be materially detrimental to uses or property in the immediate vicinity. The stormwater system has been designed by a professional engineer and requires monitoring to ensure that water leaving the site is not increased due to the development. All outdoor lighting will be down lite and will not intrude on to neighboring properties. No high field lights are permissible (Condition 11). iv. The conditional use is in accord with the Comprehensive Plan and other applicable adopted community plans, including the Non-Motorized Transportation Plan. The development is in accord with economic and cultural goals contained in the Comprehensive Plan. The Blakely School provides an educational experience at an existing site that serves the south end of the Island. v. The conditional use complies with all other provisions of the Bainbridge Island Municipal Code. The project complies with all applicable provisions of the municipal code as discussed in this report. vi. All necessary measures have been taken to eliminate or reduce to the greatest extent possible the impacts that the proposed use may have on the immediate vicinity of the subject property. The project is conditioned to take special care to protect retained trees and vegetation within buffers, to enhance the site with the mitigation planting of a forest with nearly 1,500 trees and shrubs, and provide long term protection enhancement of the wetland buffer. Road impacts are proposed to be lessened with no parking or drop-off/pick-up allowed on Blakely Avenue, assistance from school staff and teachers with site vehicle and pedestrian circulations and the realignment of the entrance across from Baker Hill Road. vii. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040.A. All development within the City is subject to noise limitations in BIMC 16.16. vii. The City Engineer has determined that the conditional use meets the following decision criteria: The conditional use conforms to regulations concerning drainage in Chapters 15.20 and 15.21 BIMC; The conditional use will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the Blakely Elementary School, PLN50767CUP, SPR & HMP Page 29 of 30 use and enjoyment of properties downstream; The streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties; The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic; If the conditional use will rely on public water or sewer services, there is capacity in the water or sewer system (as applicable) to serve the conditional use, and the applicable service(s) can be made available at the site; 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 18. The City Engineer finds that, as conditioned, the project conforms to surface and stormwater requirements, will not cause undue burden on the drainage basin, and will not unreasonably interfere with the use and enjoyment of properties downstream. The stormwater management plan follows BIMC 15.20 and utilizes on-site dispersion, infiltration, and detention. Post-development off-site flows mimic pre-developed conditions. Ongoing monitoring and maintenance is required once the stormwater facilities are place (BIMC 15.20 / 15.21). The traffic impact analysis demonstrates that the project passes the concurrency test, and the City Engineer issued a Certificate of Concurrency. Access to the public streets are located to have minimal impacts and meet safety requirements. Water and septic systems provide adequately for the site and as conditioned, the project conforms to the City Design and Construction Standards and Specifications manual. As conditioned, the City Engineer recommends project approval. viii. A conditional use may be approved with conditions. If no reasonable conditions can be imposed that ensure the application meets the decision criteria of this chapter, then the application shall be denied. The project is conditioned to ensure compliance with all applicable regulations and address, minimize and mitigate environmental impact. Additional Decision Criteria for Institutions in Residential Zones. Applications to locate any of those uses categorized as educational facilities, governmental facilities, religious facilities, health care facilities, cultural facilities, or clubs in Table 18.09.020 in residential zones shall be processed as major conditional use permits and shall be required to meet the following criteria, in addition to those in subsection D of this section: i. All sites must front on roads classified as residential suburban, collector, or arterial on the Bainbridge Island functional road classification map. Blakely Avenue NE is a north-south road classified as a secondary arterial. Blakely Ave has one travel lane in each direction. Near the school the posted speed limit is 30 mph. “School Ahead” signs are posted at near the edge of the school property facing northbound and southbound traffic. For about 150 feet on either side of school property, the shoulder sections on each side of the road are paved and marked with bicycle lane symbols. A “Share the Road” sign is posted near the south edge of the school property facing NB traffic. The rest of the road within the study area has shoulders that are mostly gravel. There is no curb, gutter, sidewalk, or shared use path on either side of the road in the immediate vicinity. Blakely Elementary School, PLN50767CUP, SPR & HMP Page 30 of 30 Baker Hill Road is an east-west road classified as a secondary arterial. Baker Hill Road has one travel lane in each direction. Near the school the posted speed limit is 30 mph. ii. If the traffic study shows an impact on the level of service, those impacts have been mitigated as required by the city engineer. The school is found to not impact the level of service and mitigation is not required. iii. If the application is located outside of Winslow study area, the project shall provide vegetated perimeter buffers in compliance with BIMC 18.15.010. A 25’ perimeter buffer is proposed around the entire project site, with the eastern edge as a wetland water/habitat buffer. iv. The proposal meets the requirements of the commercial/mixed use design guidelines in BIMC 18.18.030.C. The project was reviewed against the commercial/mixed use design guidelines by the Design Review Board at two different meetings. All recommendations of the Board have been implemented in the final design. v. The scale of proposed construction including bulk and height and architectural design features is compatible with the immediately surrounding area. The building is split into a number of wings and separated by a central spine to break up its scale. The necessitation for the height conditional use permit is largely dependent on the changing grade across the site, with the highest elevations of the building at the points of the highest grade. vi. 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. This condition does not apply as the school has a current enrollment of approximately 450. vii. Lot coverage does not exceed 50 percent of the allowable lot coverage in the zone in which the institution is located, except that public schools and governmental facilities, as defined in BIMC Title 18, that are located in the R-0.4 zoning district shall be allowed 150 percent of the lot coverage established in the R-0.4 zoning district, and such public schools and governmental facilities located in other zoning districts shall be allowed 100 percent of the lot coverage established in the underlying zoning district in which the facility is located, unless, regardless of which zoning district such a facility is located, conditions are required to limit the lot coverage to mitigate impacts of the use. This provision allows the lot coverage for the school to be 15%; however the proposed lot coverage is 10.1% or .1% above the base for the R-0.4 zoning district. CONCLUSIONS With an approved HMP and appropriate mitigation, the proposed development is consistent with the Comprehensive Plan and the applicable standards of BIMC Chapter 18.09, Zoning; BIMC Chapter 2.16.040, Site Plan Review; and BIMC 2.16,110, Major Conditional Use Permit. Exhibits: See Exhibit List.