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HEX DECISIONDecember 4, 2017 CITY OF BAINBRIDGE ISLAND, WASHINGTON HEARING EXAMINER REPORT AND DECISION Project: Blakely Elementary School Conditional Use Permit /Site Plan and Design Review /Habitat Management Plan File Number: PLN50767SPR, CUP & HMP Applicant: Bainbridge Island School District #303 Location: 4704 Blakely Avenue, bordered on the west side by Blakely Avenue NE, with Islandwood on the remaining three sides. Request: The existing Captain Johnson Blakely School is proposed for demolition and replacement by a new school building of approximately 65,000 square feet. Because portions of the existing development lie within a Category I /II wetland habitat buffer and will be redeveloped, the proposal includes a habitat management plan (HMP) to mitigate wetland habitat buffer impacts. The school also requires a conditional use permit (CUP), which as a bonus allows its height to be increased from 30 feet to 35 feet. The northern access drive to the school is to be realigned opposite to NE Baker Hill Road. The existing school is proposed to remain in operation until the summer of 2019, to be demolished when the replacement development is completed. SEPA Review: A Mitigated Determination of Non - Significance was issued on November 1, 2017. Zoning and Plan R -0.4, Residential zone, one unit per 2.5 acres Designations: OSR -0.4, Open Space Residential, one unit per 2.5 acres FINDINGS OF FACT Site Characteristics 1. Tax Assessor Information: Tax Lot Numbers: 032402 -2- 004 -2005 Owners of Record: Bainbridge Island School District REPORT AND DECISION - 1 Lot Size: 12.17 acres or 530,125 square feet Land Use: Educational, Public School 2. Terrain: The western half of the site, now occupied by the existing school building, parking areas and south play field, slopes gently to the southwest from elevation 276 feet down to elevation 266 feet. The eastern and western portions of the site are separated by a 10- foot -tall, west - facing, 25 percent slope (14 degrees). East of this west - facing slope the topography is generally flat. 3. Soils: Soil mapping indicates that is the predominant soil type on the site is Kapowsin gravelly ashy loam (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, which is situated in the western and southern portions of the site. The one - story, 41,259 square -foot school was constructed in 1963. Play fields occupy the eastern and southern portions of the site. The existing school facilities will remain open and occupied during the design and construction of the new elementary school, with anticipated demolition occurring in the summer of 2019. 5. Proposed Access: The proposed development will be publicly accessed from Blakely Avenue NE, with a new access drive proposed directly across from Baker Hill Road. 6. Public Services and Utilities: Two abandoned septic drainfields are located in the southwestern and southeastern corners of the site beneath grass- covered play fields. The school is now served by a 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 in the northern half of the site along the east boundary. A well 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: North: R -0.4, One unit per 2.5 acres South: R -0.4, One unit per 2.5 acres East: R -0.4, One unit per 2.5 acres West: R -1, One unit per 1 acre 9. Surrounding Uses: North: Islandwood South: Islandwood East: Islandwood West: Blakely Avenue NE and single family residential REPORT AND DECISION - 2 Procedural History 10. A pre - application conference was held on March 14, 2017, following a public participation meeting on March 6, 2017. Applications for Site Plan Review and a Conditional Use Permit were received on April 20, 2017. The original HMP was submitted on July 1, 2017, and, after a series of revisions, was ultimately determined to be adequate by staff on October 26, 2017. Public meetings were held before the Design Review Board and the Planning Commission. 11. The project is subject to State Environmental Policy Act (SEPA) review. Utilizing the optional DNS process provided in WAC 197 -11 -355, the City first issued a combined Notice of Application /SEPA comment period on May 6, 2017, with a revised notice issued on July 21, 2017. The City, acting as lead agency, issued a SEPA Mitigated Determination of Nonsignificance (MDNS) for this proposal on November 1, 2017. The SEPA appeal period expired on November 15, 2017, with no appeals having been filed. 12. As provided in BIMC 2.16.170, an applicant for a single project proposal requiring more than one of the land use applications identified at BIMC 2.16.010 may request processing pursuant to consolidated project review. The applicant has requested consolidated review of the Site Plan and Design Review, Conditional Use Permit and the Habitat Management Plan applications. Based on the requirements for CUP review, a consolidated public hearing on the conjoined applications was held by the Hearing Examiner on November 22, 2017. 13. At the public participation meeting held in March, 2017, and during the public comment period questions were raised about use of outdoor play areas during construction, construction impacts to the neighborhood, potential impacts to the wetland and the buffer, and tree preservation. After consultation with the Fire Marshal the fire access road location was revised to minimize impacts to the wetland buffer while still meeting the fire access requirements. During review of the building permit application, the Kitsap County Health District indicated it will require an existing well on the site to be decommissioned. 14. The Design Review Board (DRB) first reviewed the application at a meeting held during the pre - application phase. The DRB review was centered primarily on the location of the proposed entrance and exit driveway for the school. The DRB strongly suggested that the Board realign the driveway to place its entrance directly opposite the Baker Hill Road intersection, a recommendation that would also impact utilities, result in additional clearing of trees and create additonal stormwater requirements. The DRB approved a final re- design conditioned on adding a footpath from the southwest corner of the site to the east side of the bus parking area and for further development of the landscaping plan as it affects the main entry "spine" of the campus. 15, The City's development engineer completed a preliminary review of the project on October 13, 2017, focusing primarily on stormwater and traffic issues. Since current site development is unsupported by any significant stormwater management infrastructure, its proposed redevelopment will entail a major upgrade. Stormwater detention will reduce offsite peak flows after development to below existing levels and water quality treatment will be provided. 16. The original site traffic analysis was erroneously predicated on an increase of site use to accommodate 600 students rather than the currently planned 450. This further expansion could occur under a subsequent addition but is not part of the present project. The report's recommendation to meet concurrency at the Blakely Avenue NE / NE Bucklin Hill Road intersection by having the applicant construct a new roundabout, while perhaps identifying an eventual necessity, is not a REPORT AND DECISION - 3 requirement triggered by the amount of new traffic to be generated by the current proposal. Comprehensive Plan Consistency 17. The staff report at pages 12 and 13 documents project consistency with the Capital Facilities, Economic, Land Use and Environmental Elements of the Comprehensive Plan. This discussion is is satisfactory and adopted herein by reference. Regulatory Compliance BIMC Title 18 Zoning 18, Educational Facilities are a conditional use in the R -0.4 zoning district pursuant to the BIMC 18.09.020 Use Table. The maximum lot coverage permitted for educational buildings is 15% (BIMC 2.16.110). The existing site contains 12.17 acres or 530,125 square feet. The allowable lot coverage is thus 79,519 square feet, with the lot coverage proposed being 53,566 square feet or approximately 10.1 %. The proposed school building meets or exceeds standard zoning minimum setbacks. 19. The base building height for this district is 30 feet, but a 5 foot bonus for nonresidential uses is allowed with a conditional use permit. The School District is proposing to have portions of the building extend to a height of nearly 35 feet. There is no evidence that adverse visual impacts to offsite properties will result from either relocation of the school buildings as proposed or a small increase in their overall height. 20. As a nonresidential use in a residential district Blakely School is mandated to comply with the following requirements of BIMC Chapter 18.15: significant tree and tree stand retention, perimeter landscaping, parking lot landscaping, total site tree unit requirements, and planting, irrigation and maintenance requirements. 21. Significant trees and tree stands may be removed only if a consulting arborist determines that the vegetation is a safety hazard or comprises a damaged, diseased or dead tree. The original site plan proposed trees for removal near the southern site boundary in order to accommodate a fire lane. After meeting with the Fire Marshal, the District modified its plan to relocate the fire lane away from existing trees within the wetland buffer. The project will also be conditioned to protect retained trees during the construction phase. 22. Pursuant to BIMC Table 18.15.010 -3, nonresidential uses in areas outside Winslow require 25 foot full screen landscaping where the site's perimeter abuts residential development. The surrounding properties are zoned residential and the 25 foot full screen buffer requirement has been determined by staff to apply along the perimeter of the site. The full screen requirement mandates planting "one tree for every 10 feet of buffer length" (BIMC 18.15.010.D(4)(iv)). Supplemental plantings are thus required and proposed along Blakely Avenue. An overlapping but less stringent requirement is set forth in BIMC Table 18.15.010 -4 for street frontage landscaping, where the 25 foot buffer requirement may be met by partial screen landscaping. 23. The School District would like to obtain relief from the rigid necessity of planting a tree every 10 feet along its Blakely Avenue frontage within a limited section where the direct view from the street is toward the main school building without any intervening driveway or parking lot development. Aside from aesthetic factors, the District contends that having a limited visual opening to the street would enhance both school security and site surveillance for arriving first responders. The District is willing to plant the total number of trees required but is seeking some flexibility as to their specific REPORT AND DECISION - 4 placement 24. The District's request is a reasonable one within the context of Blakely School's particular circumstances but problematic as a precedent for City review of future similar proposals at other locations because it seeks to alter an explicit code requirement. The more relaxed standard of BIMC Table 18.15.010 -4 appears unavailable because it is designed to apply to interior street frontages within a subdivision that do not also lie on the project perimeter. A better solution from the standpoint of avoiding creation of a potentially troublesome precedent would be for the applicant to consider seeking a variance from the strict application of BIMC 18.15.010.D or submitting to the City Council a code amendment authorizing some landscaping flexibility for public facilities with security concerns. 25. Parking lot landscaping meeting code standards is proposed for both sides 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 to be enhanced with additional trees and shrubs. 26. The District proposal is to have at least the same number of tree units onsite after redevelopment as it had before. The plan is to remove 58 existing trees from the site with a total tree unit value of 199.8. The District intends to fully replace these tree units to meet code requirements; meeting this standard is also a condition for approving the applicant's final landscaping plan. 27. BIMC 18.15.020 requires the following amount of parking spaces: 1 space per 50 students and 1 space per employee. The new campus is forecasted to serve 450 students by 2019. The 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 substantially exceeds the minimum requirement. With Planning Commission support the District is requesting approval of the additional spaces to accommodate potential peak demands and provide parallel parking for safe drop -off and pick -up of students. 28. As noted, the northern driveway will be relocated to become effectively the eastern extension of Baker Hill Road. The new onsite eastern leg is proposed to have a right -turn lane for vehicles exiting to the north and a shared through -left turn lane. The northern driveway will provide access to the primary public parking lot and be oriented for one -way counterclockwise traffic circulation. The existing southern driveway will be retained, with its service area reconfigured for school buses and some staff parking (five spaces). The bus area will accommodate drop -off, pick -up and bus parking. 29. The project is conditioned to construct its internal walkways with nonskid hard surfaces, to meet accessibility requirements and to provide a minimum of five feet of unobstructed width. Bicycle facilities are required to accommodate security locking of both the frame and wheels. Covered bicycle parking is proposed near the entrance of the school. A minimum of 13 bicycle parking spaces are required. The District has submitted a lighting plan to be reviewed with its building permit submittal for compliance with guidelines for avoiding adverse outdoor lighting impacts. BIMC Chapter 16.20 Critical Areas 30. The site is located in a seismically active area within the Seattle Fault zone, a shallow crustal tectonic structure that has the potential to cause future earthquakes . The recurrence interval of earthquakes in this fault zone is believed to be on the order of a thousand years or more. The site also lies within an area at risk from strong shaking from subduction zone earthquakes, with a recurrence interval 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 REPORT AND DECISION - 5 earthquake. These deeper earthquakes are generally less severe than the shallow crustal and subduction zone earthquakes but have the potential to cause damage to older structures. 31. The Municipal Code requires a 50 -foot setback from known active faults. While the preliminary investigation by Aspect Consulting did not identify an active fault on the site, inherent data uncertainties and limitations suggest it would be prudent to locate the proposed school building as far north on the site as practical, at a minimum 50 feet north of the southern site boundary. The proposed placement of the school meets this minimum distance requirement. Regarding construction, in the opinion of Aspect designing the new structures to comply with the current version of the International Building Code (IBC) will mitigate seismic hazards to acceptable risk levels. 32. The adjoining Islandwood property located east and northeast of the site contains a large wetland area. The east side of the Blakely School site contains portions of a 300 -foot Category I /II Wetland buffer (consisting of a 100 -foot inner water quality buffer plus a 200 -foot outer habitat buffer). Currently, the buffer comprises forest /shrub cover, lawn play areas and the eastern edge of the existing school and its hardscape. Construction proposed within the buffer includes a new waterline, a fire lane and portions of the proposed school, totaling approximately 34,200 square feet. 33. The applicant submitted a Habitat Management Plan to mitigate for the impacts of its proposal to construct new facilities within the outer 200 foot wetland habitat buffer. Approval of the HMP pursuant to BIMC 16.20.060.A requires that the applicant "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." 34. Based on staff review and agency comments, early iterations of the HMP were found to be inadequate. A final plan addendum submitted on October 25, 2017 by Raedeke Associates, Inc. included 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 lawn and play areas. This proposed additional forested area exceeds the amount of new buildings and hardscape (26,126 square feet) planned for the buffer. Further, relocation of portions of the new buildings and the now smaller fire lane will eliminate the need to cut trees within the undisturbed forest portion of the buffer. 35. After review of these latest modifications, staff currently recommends approval of the revised HMP as compliant with the standard set forth at BIMC 16.20.060.A. A detailed narrative of the HMP review process and applicable implementation, maintenance and monitoring requirements is provided in the staff report at pages 13 through 22. 36. The revised HMP will achieve a greater net critical areas function by preserving existing high functioning forest/shrub habitat and enhancing currently low functioning habitat (lawn and areas dominated by invasive species) through new native forest/shrub plantings. Under the plan, the proposed forest/shrub plantings would eventually increase the total area of higher functioning buffer from a current level of 45.8% to over 60 %. Thus the proposed mitigation provides habitat functions and values that will become greater after development than would occur if the prescribed buffers were simply retained. CONCLUSIONS 1. BIMC 2.16.040E states the following criteria to be applicable to a site plan and design review approval: REPORTAND DECISION - 6 1. The site plan and design is in conformance with applicable code provisions and development standards of the applicable zoning district, unless a standard has been modified as a housing design demonstration project pursuant to BIMC 2.16.020. Q; 2. The locations of the buildings and structures, open spaces, landscaping, pedestrian, bicycle and vehicular circulation systems are adequate, safe, efficient and in conformance with the nonmotorized transportation plan; 3. The Kitsap County health district has determined that the site plan and design meets the following decision criteria: a. The proposal conforms to current standards regarding domestic water supply and sewage disposal; or if the proposal is not to be served by public sewers, then the lot has sufficient area and soil, topographic and drainage characteristics to permit an on -site sewage disposal system. b. If the health district recommends approval of the application with respect to those items in subsection E.3.a of this section, the health district shall so advise the director. c. If the health district recommends disapproval of the application, it shall provide a written explanation to the director. 4. The city engineer has determined that the site plan and design meets the following decision criteria: a. The site plan and design conforms to regulations concerning drainage in Chapters 15_20 and 15.21 BIMC; and b. The site plan and design will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use and enjoyment of properties downstream; and c. The streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties; and d. The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic; and e. If the site will rely on public water or sewer services, there is capacity in the water or sewer system (as applicable) to serve the site, and the applicable service(s) can be made available at the site; and f. The site plan and design conforms to the "City of Bainbridge Island Engineering Design and Development Standards Manual," unless the city engineer has approved a variation to the road standards in that document based on his or her determination that the variation meets the purposes of BIMC Title 18. 5. The site plan and design is consistent with all applicable design guidelines in BIMC Title id, unless strict adherence to a guideline has been modified as a housing design demonstration project pursuant to BIMC 2.16.020.Q; 6. No harmful or unhealthful conditions are likely to result from the proposed site plan; 7. The site plan and design is in conformance with the comprehensive plan and other applicable adopted community plans; REPORT AND DECISION - 7 8. Any property subject to site plan and design review that contains a critical area or buffer, as defined in Chapter 16_20 BIMC, conforms to all requirements of that chapter; 9. Any property subject to site plan and design review that is within shoreline jurisdiction, as defined in Chapter 16_12 BIMC, conforms to all requirements of that chapter; 10. If the applicant is providing privately owned open space and is requesting credit against dedications for park and recreation facilities required by BIMC 17.20.020. C, the requirements of BIMC 17.20.020.D have been met; 11. The site plan and design has been prepared consistent with the purpose of the site design review process and open space goals; 12. For applications in the B11 zoning district, the site plan and development proposal include means to integrate and re -use on -site storm water as site amenities. 2. As summarized in the findings above and documented in both the staff report and the materials submitted by the applicant, the proposal, as conditioned, is in conformance with the Bainbridge Island Comprehensive Plan and Municipal Code, with the exception of building height, which is subject to modification through the conditional use approval. The proposed development provides for the replacement of an existing educational facility, a use conditionally allowed by the Municipal Code within the R -0.4 zoning district. The requirements of BIMC 17.20.020 are not relevant to this application because the proposal contains no new dwelling units and is not located within the B/I zoning district. 3. The Health District reviewed the project and raised no objections. The City's Development Engineer reviewed the submitted civil plans and, subject to appropriate conditions, found them to be consistent with applicable requirements. The proposed development was evaluated and recommended for approval by the Design Review Board. 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 applicant. The project is found to be in compliance with the City's design guidelines, as recommended and conditioned by the Design Review Board. 4. The proposed site plan provides building layout, parking and circulation systems that are an efficient use of the available land while providing required setbacks and screening from the adjacent properties as well as open space. The subject property contains geologically hazardous and wetland buffer critical areas. The geologically hazardous fault zone requires a 50' buffer. After extensive review, wetland buffer impacts will be mitigated through an HMP such that greater protection of the functions and values of the critical area will be achieved than would be obtained through providing the prescribed habitat buffers 5. The proposed site plan was prepared consistent with the overall purpose and goals of the Site Plan and Design Review process. This process provided a means for guiding the development in a logical, safe, attractive and expedient manner. The requirements of BIMC 2.16.040E for a site plan and design review approval have been met by the proposal. 6. BIMC 2.16.110D and E provide the decisional criteria governing approval of a major conditional use permit application in a residential zone: D. Decision Criteria. 1. A conditional use may be approved or approved with conditions If. REPORT AND DECISION - 8 a. The conditional use is harmonious and compatible in design, character and appearance with the intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; provided, that in the case of a housing design demonstration project any differences in design, character or appearance that are in furtherance of the purpose and decision criteria of BIMC 2.16.020.Q shall not result in denial of a conditional use permit for the project; and b. The conditional use will be served by adequate public facilities including roads, water, pure protection, sewage disposal facilities and storm drainage facilities; and c. The conditional use will not be materially detrimental to uses or property in the vicinity of the subject property; and d. The conditional use is in accord with the comprehensive plan and other applicable adopted community plans, including the nonmotorized transportation plan; and e. The conditional use complies with all other provisions of the BIMC, unless a provision has been modified as a housing design demonstration project pursuant to BIMC 2.16.020. Q; and f. All necessary measures have been taken to eliminate or reduce to the greatest extent possible the impacts that the proposed use may have on the immediate vicinity of the subject property; and g. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16,040.A; and h. The vehicular, pedestrian, and bicycle circulation meets all applicable city standards, unless the city engineer has modified the requirements of BIMC 18.15.020.8.4 and 8.5, allows alternate driveway and parking area surfaces, and confirmed that those surfaces meet city requirements for handling surface water and pollutants in accordance with Chapters 15_20 and 15.21 BIMC; and i. The city engineer has determined that the conditional use meets the following decision criteria: i. The conditional use conforms to regulations concerning drainage in Chapters 15.20 and 15_21 BIMC; and ii. The conditional use will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use and enjoyment of properties downstream; and iii. The streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties; and iv. The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic; and v. If the conditional use will rely on public water or sewer services, there is capacity in the water or sewer system (as applicable) to serve the conditional use, and the applicable service(s) can be made available at the site; and REPORT AND DECISION - 9 vi. The conditional use conforms to the "City of Bainbridge Island Engineering Design and Development Standards Manual, " unless the city engineer has approved a variation to the road standards in that document based on his or her determination that the variation meets the purposes of BIMC Title 17. j. If a major conditional use is processed as a housing design demonstration project pursuant to BIMC 2.16.020. Q, the above criteria will be considered in conjunction with the purpose, goals, policies, and decision criteria of BIMC 2.16.020. Q. 2. If no reasonable conditions can be imposed that ensure the application meets the decision criteria of this chapter, then the application shall be denied. E. Additional Decision Criteria for Institutions in Residential Zones. Applications to locate any of those uses categorized as educational facilities, governmental facilities, religious 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: 1. All sites must front on roads classified as residential suburban, collector, or arterial on the Bainbridge Island functional road classification map. 2. If the tragic study shows an impact on the level ofservice, those impacts have been mitigated as required by the city engineer. 3. If the application is located outside of Winslow study area, the project shall provide vegetated perimeter buffers in compliance with BIMC 18.15.010, 4. The proposal meets the requirements of the commercial Infixed use design guidelines to BIMC 18.18.030. C. 5. The scale ofproposed construction including bulk and height and architectural design features is compatible with the immediately surrounding area. 6. If the facility will have attendees and employees numbering fewer than 50 or an assembly seating area of less than 50, the director may waive any or all the above requirements ill this subsection E, but may not waive those required elsewhere in the BIMC. 7. Lot coverage does not exceed 50 percent of the allowable lot coverage in the zone in which the institution is located, except that existing public schools and governmental facilities, as defined in BIMC Title 18 shall be allowed 100 percent of the lot coverage established in the underlying zoning district in which it is located unless conditions are required to limit the lot coverage to mitigate impacts of the use. 7. The proposed development is for the replacement of an older existing public school with a modestly larger similar new facility. With few nearby single - family residential uses, the Blakely School, which has been in existence and operation at this location since 1963, fits well into the neighborhood pattern. Adjacent properties to the east are dominated by a large wetland and its buffer. Development proposed within the onsite portion of the wetland buffer will be satisfactorily mitigated under an approved HMP. No offsite residential impacts have been identified. No offsite impacts are associated with the proposed minor increase in building height. The proposed conditional use is consistent with the goals and policies of the Comprehensive Plan. REPORTAND DECISION - 10 S. As conditioned, the proposed use will be adequately served by public roads, water, sewer, fire protection and storm drainage facilities. Allowing the replacement of the school will not be materially detrimental to existing uses in the vicinity because the site's function, although slightly intensified, will continue much as it has for many years. Proper access, parking, circulation, landscaping are being provided. The conditional use complies, as do the buildings analyzed within the Site Plan Review, with applicable provisions of the BIMC. The DRB reviewed the project and provided a recommendation of approval. 9. The Site Plan Review and Conditional Use Pennit applications have been reviewed by the City's development engineer and, as conditioned, the vehicular, pedestrian, and bicycle facilities plans meet all applicable City standards and pollution controls. The project trip generation data did not demonstrate an increased level of traffic requiring mitigation. New site stormwater management facilities will both increase water quality and decrease peak flows for runoff leaving the site. 10. Based on the record as a whole, the school replacement application meets the requirements of BIMC 2.16.1 I OD and E for the issuance of a major conditional use pennit. DECISION The Blakely School Conditional Use Permit and Site Plan and Design Review applications, including the Habitat Management Plan element (file no. PLN50767SPR/ CUP/ HMP), are APPROVED, subject to the following conditions: SEPA Conditions 1. To avoid impacts to vegetation, no construction activity shall occur in landscape buffers or within the critical root zone of significant trees within 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 REPORTAND DECISION - 11 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. 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 REPORT AND DECISION - 12 square feet including native species appropriate to the site provide wetland protection and forested buffer functions. shall be in substantial compliance with BIMC 16.20.110 - Requirements and guidance provided in Wetland Mitigatii Part 2 - Developing Mitigation Plans (Version 1, March 21 06- 011b); and and sufficient to The mitigation plan Mitigation Plan m in Washington State )06, Publication #06- 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 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. 1s. 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- REPORTAND DECISION - 13 020. 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. Project 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 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. REPORTAND DECISION - 14 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. 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. REPORT AND DECISION - 15 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. 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 REPORT AND DECISION - 16 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. ORDERED December 4, 2017. Stafford L. Smith, Hearing Examiner City of Bainbridge Island The Hearing Examiner is authorized to make the City of Bainbridge Island's final decision on conjoined Conditional Use Permit and Site Plan and Design Review applications. A party with standing may seek judicial review of this decision by filing a timely suit in Kitsap County Superior Court under the Land Use Petition Act. The exhibit list prepared by the Clerk of the Hearing Examiner's Office is attached. REPORTAND DECISION - 17