Legal Regulations for High School Road II BAINBRIDGE ISLAND MUNICIPAL CODES & COMPREHENSIVE PLAN CONDITIONAL USES

BIMC D. Decision Criteria for Conditional Use Permits 1. A conditional use may be approved or approved with conditions if: 1. A conditional use may be approved or approved with conditions if: a. The… 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; and a. The… 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; and b. … will be served by adequate public facilities including roads, water, fire protection,….. b. … will be served by adequate public facilities including roads, water, fire protection,….. c. ….. will not be materially detrimental to uses or property in the vicinity of the subject property; and c. ….. will not be materially detrimental to uses or property in the vicinity of the subject property; 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; … 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; …

BIMC D. (1)(B): Decision Procedures. 1. Criteria for Decision. 1. Criteria for Decision. b. The application is consistent with the adopted comprehensive plan, and specifically with the character or intended character of the area in which the property is located, as described in the comprehensive plan. b. The application is consistent with the adopted comprehensive plan, and specifically with the character or intended character of the area in which the property is located, as described in the comprehensive plan.

COMPRESENSIVE PLAN: LAND USE ELEMENT 1. GOAL 5: The Commercial High School Road District is intended to provide for commercial uses that complement downtown Winslow, …while creating a pedestrian-friendly retail area. 1. GOAL 5: The Commercial High School Road District is intended to provide for commercial uses that complement downtown Winslow, …while creating a pedestrian-friendly retail area. W 5.3 The properties designated on the Land Use Map as High School Road District II shall be limited to no more than 14,400 square feet of retail use. Retail use between 5,000 and 14,400 square feet shall require a conditional use permit. W 5.3 The properties designated on the Land Use Map as High School Road District II shall be limited to no more than 14,400 square feet of retail use. Retail use between 5,000 and 14,400 square feet shall require a conditional use permit.

COMPRESENSIVE PLAN: LAND USE ELEMENT This portion of High School Road, designated High School Road District II on the Land Use Map, is immediately adjacent to a semi-urban, residential area of 2.9 to 3.5 units per acre and should have less intense uses than the remainder of the High School Road district. Since existing businesses are located in this area and infrastructure is in place, this Plan recommends the area for the High School Road designation, but with a limitation on the size of retail uses. This portion of High School Road, designated High School Road District II on the Land Use Map, is immediately adjacent to a semi-urban, residential area of 2.9 to 3.5 units per acre and should have less intense uses than the remainder of the High School Road district. Since existing businesses are located in this area and infrastructure is in place, this Plan recommends the area for the High School Road designation, but with a limitation on the size of retail uses.

WHAT THIS MEANS: 1. THE APPLICANT CAN LOCATE RETAIL BUSINESSES UP TO 14,000 SQUARE FEET IN THIS ZONE 1. THE APPLICANT CAN LOCATE RETAIL BUSINESSES UP TO 14,000 SQUARE FEET IN THIS ZONE 2. VISCONSI HAS 4 OF THE 6 RETAIL BUSINESSES OVER 5,000 SQ. FEET. THE DRUG STORE IS 14,475. This might be due to it’s partial location in HSR I 2. VISCONSI HAS 4 OF THE 6 RETAIL BUSINESSES OVER 5,000 SQ. FEET. THE DRUG STORE IS 14,475. This might be due to it’s partial location in HSR I 3. THE MEDICAL BUILDING IS 20,000 SQ FT. IT IS EXEMPT FROM THE CONDITIONAL USE REQUIREMENT. IT DOES NOT EXCEED THE ALLOWABLE FLOOR AREA RATIO. 3. THE MEDICAL BUILDING IS 20,000 SQ FT. IT IS EXEMPT FROM THE CONDITIONAL USE REQUIREMENT. IT DOES NOT EXCEED THE ALLOWABLE FLOOR AREA RATIO.

CONCERNS: IS THIS “A LESS INTENSE USE” THAN THE HIGH SCHOOL ROAD DISTRICT I, ACROSS HIGHWAY 305? IS THIS “A LESS INTENSE USE” THAN THE HIGH SCHOOL ROAD DISTRICT I, ACROSS HIGHWAY 305? CAN THE APPLICANT USE SAFEWAY VILLAGE AS A COMPARISON SINCE THE COMP PLAN SAYS IT SHOULD BE LESS DENSE? CAN THE APPLICANT USE SAFEWAY VILLAGE AS A COMPARISON SINCE THE COMP PLAN SAYS IT SHOULD BE LESS DENSE?

CONCERNS: SINCE BOTH PRO-BUILD AND ACE ARE GRANDFATHERED CAN THEY BE USED AS A COMPARISON? SINCE BOTH PRO-BUILD AND ACE ARE GRANDFATHERED CAN THEY BE USED AS A COMPARISON? SINCE THE MEDICAL BUILDING IS EXEMPT FROM THE CUP HOW DOES IT’S SIZE COMBINED WITH THE RETAIL SPACE EFFECT THE USE OF THE PROPERTY AS A WHOLE SINCE THE MEDICAL BUILDING IS EXEMPT FROM THE CUP HOW DOES IT’S SIZE COMBINED WITH THE RETAIL SPACE EFFECT THE USE OF THE PROPERTY AS A WHOLE

COMPARED TO SAFEWAY VILLAGE: ONLY 20,000 MORE SQUARE FEET IN THE SAFEWAY BUILDING ONLY 20,000 MORE SQUARE FEET IN THE SAFEWAY BUILDING RITE AIDE IS 12,000 SQUARE FEET RITE AIDE IS 12,000 SQUARE FEET SAFEWAY VILLAGE HAS ONLY 5 MORE PARKING SPOTS SAFEWAY VILLAGE HAS ONLY 5 MORE PARKING SPOTS SO, IS THIS REALLY A “LESS INTENSE USE”? SO, IS THIS REALLY A “LESS INTENSE USE”?

BUILDING HEIGHT: BIMC TABLE, FOOTNOTE [5] When property adjoins a lower density residential zone, for the first 30 feet of the building from the property line of an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the adjoining lower density residential district through a conditional use permit may be requested for projects within the Mixed Use Town Center and High School Road zones through the site plan review process. BIMC TABLE, FOOTNOTE [5] When property adjoins a lower density residential zone, for the first 30 feet of the building from the property line of an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the adjoining lower density residential district through a conditional use permit may be requested for projects within the Mixed Use Town Center and High School Road zones through the site plan review process. The allowed building Height in the 2.9 zone next to the medical building is 25 feet. This medical building is not part of the conditional use review plan. The allowed building Height in the 2.9 zone next to the medical building is 25 feet. This medical building is not part of the conditional use review plan.

CONCERNS 1. TRAFFIC AS WE HAVE HEARD WILL BE A SIGNIFICANT PROBLEM DUE TO THE LARGE SIZES OF BUILDINGS 1. TRAFFIC AS WE HAVE HEARD WILL BE A SIGNIFICANT PROBLEM DUE TO THE LARGE SIZES OF BUILDINGS