Ordinance No. 2021-10 Relating to Revising Bonus FAR Regulations-Approved 082421
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ORDINANCE NO. 2021-10
(Formerly Ordinance No. 2020-16)
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to bonus floor area ratio and amending Table 18.12.020-3,
and Sections 18.12.030.E., 18.12.050, 18.24.010, 18.27.040, and
18.27.080 of the Bainbridge Island Municipal Code.
WHEREAS, within the express terms of the Growth Management Act, the Washington
State Legislature has specifically conferred upon the governing bodies of Washington cities the
right to establish and adopt zoning controls and other regulations related to land uses; and
WHEREAS, the City Council of the City of Bainbridge Island (“City”) updated the
City’s Comprehensive Plan in February of 2017; and
WHEREAS, balancing affordable housing, historic preservation, growth management,
and sustainable development continues to be a local, regional, and national challenge due to
many social and economic factors; and
WHEREAS, the City has encouraged affordable housing construction b y adopting
“bonus density” programs that allow for increases in density above the underl ying zoning if the
additional density creates affordable housing; and
WHEREAS, the intent of the Comprehensive Plan is to place residential density,
inclusive of affordable housing, in the Winslow core area near infrastructure such as
transportation hubs (e.g., ferry service, bus service, highway access), sewer, water, reliable
electrical power, and retail stores; and
WHEREAS, the intent of such policies is to manage growth consistent with the Growth
Management Act, reduce infrastructure costs, and follow general principles of sustainable
community development; and
WHEREAS, the City Council is interested in evaluating the applicability, use, and
effectiveness of the bonus density options provided for and as described in BIMC 18.12.030.E.
and Table 18.12.020-3, including related to the purchase of development rights, the provision of
public amenities and/or infrastructure, the provision of community open space, floor area ratio
transfers related to the Mixed Use Town Center and High School Road districts, and ferry-
related parking; and
WHEREAS, on February 25, 2020, the Council passed unanimously the following
motion: “I move to direct the City Manager to work with the Planning Commission and any
other appropriate City committees or commissions to bring back to Council as quickly as
possible an ordinance that will reform the City’s bonus FAR programs so as to only allow bonus
FAR in relation to Affordable Housing, Historic Preservation, and Transfer of Development
Rights;” and
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WHEREAS, on March 10, 2020, the City Council approved an interim zoning control
ordinance related to Floor Area Ratio (“FAR”) density bonus options (Ordinance No. 2020-10);
and
WHEREAS, the Planning Commission discussed these policies on February 27 and
March 12, 2020 and formed a subcommittee of Commissioners Chester, Paar, and Quitslund to
work on this topic; and
WHEREAS, the subcommittee brought back their recommendations to the full Planning
Commission for discussion on May 14 and 28, 2020, met again, and brought back revised
recommendations for the June 11, 2020 Commission meeting and the full Planning Commission
came to consensus on a set of amendments to bonus FAR regulations; and
WHEREAS, the Planning Commission and City Council held a joint meeting on June
22, 2020 to discuss the bonus FAR regulations and how they are interrelated with other land use
issues such as improving affordable housing and transfer of development rights programs; and
WHEREAS, the Planning Commission discussed Ordinance No. 2020-16 on June 25 and
July 9, 2020 and made additional recommendations on revising BIMC 18.12.030.E.; and
WHEREAS, the Planning Commission recommends retaining and revising Subsection
E.1.a. and Subsection E.7. and eliminating other provisions related to obtaining Bonus FAR; and
WHEREAS, the Planning Commission recommends that Subsection E.2., related to
obtaining Bonus FAR through the City’s Transfer of Development Rights (“TDR”) program, be
deleted at this time and reconsidered at a later date as part of updating the TDR program; and
WHEREAS, the Planning Commission recommends moving Subsection E.6. related to
Historic Structure provisions to Chapter 18.24 BIMC, Historic Preservation, and to BIMC
18.12.050; and
WHEREAS, the Planning Commission recommends that the City pursue eliminating the
Bonus FAR provisions related to the Islander Mobile Home Park, Subsection E.1.b., and selling
its unused residential FAR, if legally and economically feasible; and
WHEREAS, on August 25, 2020, the City Council approved Ordinance No. 2020-20
extending the interim zoning control on the City’s bonus FAR program for six an additional
months; and
WHEREAS, the Planning Commission continued discussion of proposed Ordinance No.
2020-16 related to revising the Bonus FAR Program on September 10, 24, and October 8, 2020;
and
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WHEREAS, in fall 2020, the Planning Commission recommended adoption of
Ordinance No. 2020-16 as an interim measure while the City Council, the Planning Commission,
and Planning Staff address broader revisions to the zoning code, including base FAR and
whether to replace it with other measures such as form-based zoning; and
WHEREAS, in recommending Ordinance No. 2020-16 as an interim ordinance, the
Planning Commission recommended that the ordinance should sunset or end after 2 years; and
WHEREAS, on November 17, 2020, the City Council discussed Ordinance No. 2020-
16, the current amendments to the City’s bonus FAR program recommended by Planning
Commission together with representatives from the Planning Commission, and the City Council
provided policy guidance to the Planning Commission on outstanding policy questions, including
directing the City Manager to contact the Islander Mobile Home Park regarding potential
purchase of its floor area ratio by the City; and
WHEREAS, on November 19, 2020, the Planning Commission discussed the City
Council feedback from November 17 and indicated that the City could move forward with
Ordinance No. 2020-16 without any changes to BIMC 18.12.030.E.1.b. related to Islander
Mobile Home Park FAR; and
WHEREAS, on February 23, 2021, the City Council approved Ordinance No. 2021-09
extending the interim zoning control ordinance related to Floor Area Ratio density bonus options
(Ordinance Nos. 2020-10 and 2020-20) for six additional months, until September 10, 2021, to
allow time to complete work on Ordinance No. 2021-10 (formerly Ordinance No. 2020-16); and
WHEREAS, on July 22, 2021, the Planning Commission reviewed an updated version of
Ordinance No. 2021-10; and
WHEREAS, after holding and closing a public hearing on July 29, 2021, the
Commission recommended approval of this Ordinance No. 2021-10 to the Cit y Council; and
WHEREAS, notice was given on July 16, 2021, to the Office of Communit y
Development at the Washington State Department of Commerce in conformance with RCW
36.70A.106; and
WHEREAS, on August 10, 2021, the City Council considered this Ordinance No. 2021-
10, revised Section 8 of the ordinance so that the ordinance will sunset after one year instead of
two years, and set a public hearing for August 24, 2021 to accept public comment and further
consider this ordinance; and
WHEREAS, on August 24, 2021, the City Council conducted a public hearing on this
Ordinance No. 2021-10 and the Council received and considered public comment on the
ordinance; and
WHEREAS, on August 24, 2021, after considering such public comment, the City
Council adopted this Ordinance No. 2021-10; and
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WHEREAS, because this ordinance relates directly to the above described interim
control that is in effect currently pursuant to Ordinance No. 2021-09, the effective date of this
ordinance will coincide with the scheduled expiration of that interim control, such that at the
point at which the interim control expires, this ordinance will take effect. That interim control is
scheduled to expire on September 10, 2021.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Table 18.12.020-3 of the Bainbridge Island Municipal Code is hereby
amended as shown in Exhibit A.
Section 2. Section 18.12.030.E. of the Bainbridge Island Municipal Code is hereby
amended as follows:
E. Bonus Density to incentivize affordable housing in Winslow Mixed Use and High
School Road Districts. Eligible properties may increase achieve a maximum level of
development above the base FAR, as provided for in Table 18.12.020-3, by using one, or a
combination of, the following FAR bonus provisions. The FAR bonus provisions may be
combined to achieve the maximum level of development established for each district. In no
case shall the total commercial, residential or mixed use FAR exceed the maximum FAR as
provided for in Table 18.12.020-3.
1. Optional Affordable Housing.
a. FAR Bonus. Up to 100 percent of the maximum residential FAR bonus may
come from providing affordable housing as defined in Chapter 18.36 BIMC;
provided, that the difference between the base residential FAR and the maximum
residential FAR shall be dedicated to affordable housing. A portion of the total
floor area that is of common use and benefit to the entire residential development
(for example, interior halls, stairwells, laundry rooms, exercise rooms) may be
included in the calculation of the affordable housing component. This portion
shall be the same percentage as the affordable housing provided. For example, if
20 percent of the living unit floor area is for affordable housing, then 20 percent
of the common floor area may be included in the total affordable housing
calculation. Development of the optional affordable housing shall be in
accordance with Chapter 18.21 BIMC and Table 18.12.030.
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Table 18.12.030: Optional Affordable Housing Bonus Summary Table
Size of
Development
Residential development less
than 10,000 sq. ft.
Residential
development of 10,000
sq. ft. but less than
60,000 sq. ft.
Residential
development more
than 60,000 sq. ft.
Affordable
Housing FAR
Bonus
Must provide 100 percent of
bonus square footage for
extremely low, very low, or
moderate income groups.
Must comply with
following ratios:
Must comply with
following ratios:
(a) 100 percent of
bonus for all moderate;
OR
0.1 of bonus for
extremely low, very
low or low income
groups;
(b) 0.2 of bonus for
extremely low, very
low, or low income
groups;
0.6 of bonus for
moderate income
group; and
0.5 of bonus for
moderate income
group; and
0.3 of bonus for
middle income group.
0.3 of bonus for middle
income group.
b. Preservation of the Islander Mobile Home Park. Preservation of the Islander
Mobile Home Park as an existing park site for manufactured homes shall be
encouraged through the following provisions.
i. Unused FAR from the parcel on which the mobile home park is located
may be transferred to another parcel or parcels within the Mixed Use Town
Center. For example, the base FAR for the mobile home park would be
calculated, less the FAR of the mobile homes. In exchange for permanently
preserving the mobile home park, the owner of the property may transfer the
unused FAR to another parcel or parcels in the Mixed Use Town Center,
where it may be used as bonus FAR above the base FAR for that district.
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ii. Permanent preservation of the mobile home park may be used as an
affordable housing bonus on another parcel or parcels within the Mixed Use
Town Center. For example, in exchange for preserving the mobile home
park, the owner of the property would be deemed to have met the affordable
housing bonus provisions of subsection A.1 of this section, and could
achieve the maximum FAR bonus for residential development on another
parcel or parcels in the Mixed Use Town Center. The owner of the mobile
home park may either apply the FAR bonus to another parcel(s) he or she
owns, or transfer or sell the bonus to another property owner in the Mixed
Use Town Center.
2. Purchase of Development Rights. Up to 100 percent of the maximum residential,
commercial or mixed use FAR bonus may come from the purchase of development rights
as provided for in Chapter 18.27 BIMC. The cost of development rights shall be established
by resolution of the city council.
3. Public Amenities and/or Infrastructure. At the applicant’s option, a portion of the bonus
may be earned through the provision of public amenities, infrastructure, and/or preservation
of a heritage tree(s) on site, pursuant to an adopted city council resolution clarifying the
amount of credit awarded for different provision of different public amenities and/or
infrastructure, as follows:
a. Up to 40 percent of the maximum residential, commercial or mixed use FAR bonus
may come from monetary contributions toward public amenities and/or infrastructure
beyond that required for SEPA mitigation. The amount of the contribution shall be
established by resolution of the city council. Funds contributed to the public amenities
and/or infrastructure shall be used exclusively in the Mixed Use Town Center or High
School Road districts, for projects identified in the six-year capital facilities program, or
approved by the city.
b. In lieu of the contribution of funds as provided for in subsection E.3.a of this section,
and subject to approval by the director or designee, the public amenities FAR bonus
may be achieved by the preservation of a heritage tree(s) on site, construction of public
amenities and/or infrastructure beyond that required to mitigate the impacts of
development. Public amenities and/or infrastructure projects shall be located in the
Mixed Use Town Center or High School Road districts, and shall be chosen from
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projects identified in the six-year capital facilities program, or approved by the city.
4. Community Open Space. In the ferry terminal district, up to 60 percent of the maximum
residential, commercial or mixed use FAR bonus may be achieved by providing community
open space of one acre, or 20 percent of the parcel area, whichever is greater. The
community open space shall be located in or in the immediate vicinity of locations identified
in Figure 4.1 of the Winslow master plan. The open space must be located on the same
parcel that is being developed, and must be on land that would be otherwise buildable.
Adequate public access to the community open space must be provided. The city shall
consider approving the bonus, taking into consideration the configuration, public use and
accessibility of the proposed open space. In cases where a development project utilizes the
community open space bonus provision in conjunction with the purchase of development
rights bonus provision, all funds collected from the purchase of development rights shall go
toward the preservation of agricultural lands fund.
5. Winslow Town Center Mixed Use/High School Road FAR Transfers. Up to 20 percent of
the maximum residential, commercial or mixed use FAR bonus may come from transfers of
FAR from parcels within the Mixed Use Town Center and the High School Road districts.
The transfer shall create permanent open space through open space preservation covenants
on sending parcels that contain critical areas as defined in Chapter16.20 BIMC. For
example, development potential in the ravine of the gateway district may be shifted to the
upland area; provided, that the requirements of Chapter 16.20 BIMC aresatisfied.
6. Historic Structure Preservation. When an historic structure is preserved on site, the FAR of
that historic structure shall not be included in the calculation of total FAR for the site. The
historic structure must be included on a state, local or federal register.
2 7. Ferry-Related Parking. In the ferry terminal district, an additional 0.2 FAR may be
achieved by relocating existing legal surface ferry commuter parking on site (as shown on
Figure 6.2 of the Winslow master plan) to under-building or below-grade parking. The
percentage of the additional FAR that is achieved shall be dependent upon the percentage of
parking that is relocated. For example, if 50 percent of existing surface ferry commuter
parking on site is relocated under-building or below grade, then 50 percent of the total
additional FAR (or 0.1 FAR) may be achieved.
Section 3. Section 18.12.050 of the Bainbridge Island Municipal Code is hereby
amended as follows:
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G. Floor Area Ratio (FAR). “Floor area ratio” is a figure that expresses the total floor
area as a multiple of the lot area. This figure is determined by dividing the floor area of
all buildings on a lot by the lot area prior to removal of lot area for dedication. Portions
of parking located underneath a building footprint are not counted in floor area ratio
calculations. When an historic structure is preserved on site, the floor area ratio of that
historic structure shall not be included in the calculation of total floor area ratio for the
site. The historic structure must be included on a state, local, or federal register.
Section 4. Section 18.24.010 of the Bainbridge Island Municipal Code is hereby
amended as follows:
C. Zoning Code Relief. Designated local register properties may be authorized for a use
not otherwise permitted in a certain zone. The planning director may approve said use
through an administrative conditional use (BIMC 2.16.050). The planning director may
also waive or modify development standards such as: setbacks, open space, lot coverage,
landscape buffers and parking requirements. When an historic structure is preserved on
site, the floor area ratio of that historic structure shall not be included in the calculation of
total floor area ratio for the site. The historic structure must be included on a state, local,
or federal register.
Section 5. Section 18.27.040 of the Bainbridge Island Municipal Code is hereby
amended as follows:
18.27.040 Receiving areas for development rights.
A. Winslow Mixed Use Town Center and High School Road Districts. Developments in
the Mixed Use Town Center (MUTC) and the High School Road districts are eligible for
increases in floor area ratio as provided for in BIMC 18.12.030.E.1.
B. NC Districts. The neighborhood centers (NC) are eligible for increased density
through the purchase or transfer of development rights in accordance with BIMC
18.12.030.D.1 and D.3, as amended.
C. R-8 Districts. The urban single-family overlay district (R-8SF) is eligible for
increased density through the purchase or transfer of development rights for specified
lots in the R-2.9, R-3.5, and R-4.3 zone districts.
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Section 6. Section 18.27.080 of the Bainbridge Island Municipal Code is hereby repealed
in its entirety as follows:
18.27.080 Use of development rights in Mixed Use and High School Road districts.
A. In order to use development rights to increase floor area ratio within the Mixed Use
Town Center or High School Road districts as provided in BIMC 18.12.030.E, an
applicant must out an application in a form approved by the city. The application shall
include the amount of the requested increase in floor area ratio, and the fee, if any, of
the increased floor area ratio. The fee for development rights to increase floor area ratio
shall be established by resolution of the city council.
B. The approved application to utilize development rights to increase floor area ratio
within the receiving area must be part of a site plan and design review application
under BIMC Title 2. The site plan must indicate the increase in floor area ratio (FAR).
C. The use of development rights shall be reviewed for conformance with the design
review provisions of BIMC 18.18.030.
Section 7. Effect on Vested Rights. Nothing in this ordinance shall be construed to
extinguish, limit, or otherwise infringe on any property owner’s or property leaseholder’s vested
development rights as defined by state law and City of Bainbridge Island regulations.
Section 8. The amendments to the Bainbridge Island Municipal Code approved by this
ordinance shall sunset one year from the effective date of this ordinance.
Section 9. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 10. This ordinance shall take effect and be in force immediately upon the
expiration of the related interim zoning control that is in effect currently pursuant to Ordinance
No. 2021-09. That interim control is scheduled to expire on September 10, 2021.
PASSED BY THE CITY COUNCIL this 24th day of August, 2021.
APPROVED BY THE MAYOR this 24th day of August, 2021. ________________________
Rasham Nassar, Mayor
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ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: August 6, 2021 (Updated August 13, 2021)
PASSED BY THE CITY COUNCIL: August 24, 2021
PUBLISHED: August 27, 2021
EFFECTIVE DATE: September 10, 2021 (This ordinance is effective
immediately upon the expiration of the related
interim zoning control that is in effect currently
pursuant to Ordinance No. 2021-09. That interim
control is scheduled to expire on September 10,
2021.)
ORDINANCE NUMBER: 2021-10
Exhibit A: Table 18.12.020-3 of the Bainbridge Island Municipal Code
Exhibit A to Ordinance No. 2021-10
Revisions to Table 18.12.020-3
ZONING
DISTRICT Winslow Mixed Use Town Center
HSR I and II
DIMENSIONAL
STANDARD
Central
Core
Overlay
Madison
Avenue
Overlay
Ericksen
Avenue
Overlay
Gateway
Overlay
Ferry Terminal
Overlay [See
BIMC 18.12.030.C]
Basic Maximum
Commercial and
Other
Nonresidential
Uses
0.6 0.4 0.3 0.15 0.1 0.3
Residential 0.4 0.4 0.3 0.5 0.4 0.3
Mixed Use [2] 1.0 0.5 0.5 0.5 0.5 0.3
Maximum with
Bonus Bonus densities require compliance with BIMC 18.12.030.E
Commercial and
Other
Nonresidential
Uses
1.0 0.6 0.6 0.3 0.2 0.6
Residential 1.0 0.6 0.6 1.0 1.1 0.6
Mixed Use [2] 1.5 1.0 1.0 0.9 1.0 1.3 1.2 (1.5 1.4
pursuant to note [3])
1.0 0.9
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[1] If the existing FAR for a developed property as of May 21, 1998, is higher than the base FAR for that
district, then the existing FAR will be considered the base FAR for that developed property. Total FAR may
not be exceeded.
[2] In mixed use development, the established FAR in the residential and commercial components shall
not be exceeded. For the residential FAR bonus provisions for qualifying housing design demonstration
project, refer to the bonus density provisions in BIMC 2.16.020.S.8.
[3] In mixed use development in the ferry terminal district, an additional 0.2 FAR is permitted in
accordance with BIMC 18.12.030.E.27. The additional FAR may be applied to either the residential or
commercial component of the mixed use development.
*******