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ORD 2005-17 LOT COVERAGE AND HEIGHT LIMITATIONS CITY OF BAINBRIDGE ISLAND ORDINANCE NO. 2005-17 AN ORDINANCE of the City of Bainbridge Island, Washington, amending BIMC Sections 18.12.050 and 18.12.070, revising lot coverage and height limitations provisions in the R-14, 14 Units Per Acre Zone. WHEREAS, the City Council is authorized to modify the city code in accordance with Washington State laws; and WHEREAS, the City Council desires to remove inconsistencies from the cunent code, and desires to clarify existing code provisions and procedures; and WHEREAS, Resolution 2002-38 sets a goal to revise the city code to make the code more internally consistent and clear; and WHEREAS, notice was given on September 20,2005, to the Office of Community Development in conformance with RCW 36.70A.106; and WHEREAS, the Planning Commission conducted a public hearing on the amendments proposed for Title 18, Zoning, on June 9 and July 14, 2005; and WHEREAS, the Planning Commission recommended approval on August 25,2005; WHEREAS, the City Council conducted a public hearing on the amendments proposed for Title 18, Zoning, on November 9,2005; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN, AS FOLLOWS: Section 1. Amend Section 18.12.050 of the Bainbridge Island Municipal Code to read as follows: 18.12.050 Lot cov(~rage. The maximum lot area covered by buildings shall not exceed ~ 40 percent. This mav be increased to 50 percent under a conditional use permit if, in addition to the requirements of Chapter 18.108 BIMC, it is demonstrated that (1) no portion of any building within 20 feet of a front yard setback located across the street from the R-4.3 zone exceeds a height of25 feet; and (2) building design incorporates features such as pitched or tenaced roof forms, upper level stepbacks, wall recesses, and/or other architectural treatment to minimize building bulk and scale as perceived from adjoining streets and properties. An applicant who requests conditional use permit approval to increase both allowable lot coverage and maximum building height shall comply with BIMC 18.12.070.A, below. -1- Section 2. Amend Section 18.12.070.A of the Bainbridge Island Municipal Code to read as follows: 18.12.070 Height limitations. A. The maximum allowable building height is 35 feet, except that buildings up to 40 feet may be allowed under a conditional use permit if, in addition to the requirements of Chapter 18.108 BIMC, it is demonstrated that (1) view opportunities are not substantially reduced; (2) fire flow is adequate; (3) no unstable slopes or soils are on the building site; and (4) solar access of neighboring lots is not substantially reduced. An applicant who requests additional lot coverage pursuant to BIMC 18.12.050 shall not be allowed to also increase maximum allowable building height unless, in addition to the foregoing criteria, the applicant demonstrates that: 1. The increased height facilitates underground or enclosed under-building parking to the extent feasible; and 2. The building massing contains significant modulations; and 3. Thirty percent of the property must be retained as pervious surface area. Pervious surface areas can include landscaping, unpaved stomlwater management facilities, underground or overhead utility lines, perimeter fences, and pervious trails. Setback areas and significant tree retention areas can count towards the required pervious surface area. Pervious surface areas shall exclude areas covered by: a. Structures, including decks, fountains, and artwork, utility cabinets, lighting fixtures, trash enclosures, and signs; and b. Areas covered by paving and/or gravel, including sidewalks, impervious paths, patios, parking areas, driveways, 4. Mechanical equipment shall be enclosed or screened, and such enclosures or screening shall be architecturally integrated into the building design or landscape plan; and 5. The project provides one or more public amenities that would not otherwise be provided, such as greater significant tree retention or provision of more open space than is otherwise required, publicly-accessible play areas, trails, or benches, or other amenities proposed by the applicant and approved by the City. Section 3. This ordinance shall take effect and be in force on and five days after its passage, approval, and publication as required by law. PASSED by the City Council this 22nd day of November, 2005. APPROVED by the Mayor this 28th day of November, 2005. ~~.%~U~&U; .. DARLENE KORDONOWY, MayO(_) A T~ST/AUTHENTICATE: ( ", . / ~~ \~.y /~7~'L- SUE P. KASPER, City Clerk -2- FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUM BER: September 7, 2005 November 22,2005 November 30, 2005 December 5, 2005 2005-17 -3-