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ORD 2006-01 FORT WARD HISTORIC BUILDING 16 ORDINANCE NO. 2006-01 AN ORDINANCE of the City of Bainbridge Island, Washington, amending the Bainbridge Island Municipal Code (BIMC) Section 18.31.050B in order to implement Comprehensive Plan Amendment CPA 11044, clarifying the incentive to preserve and renovate a historic building (known as Building 16) within the Fort Ward Historic District. WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, which has subsequently been amended; and WHEREAS, in 1996 the City worked with the community to develop the Fort Ward Action Plan, which identifies actions for retaining the historic character of Fort Ward and guiding future development in a compatible manner; and WHEREAS, on December 4, 1997, the City Council adopted Ordinance 97-27 to amend the Land Use Element of the Comprehensive Plan to incorporate policies that implement certain recommendations ofthe Fort Ward Action Plan; and WHEREAS, Ordinance 97-27 added a new Policy OS 5.2 to the Land Use Element, identifying specific historic buildings in Fort Ward and offering density incentives for restoring and preserving the buildings' historic character; and WHEREAS, Policy OS 5.2 identifies a density incentive of up to 8 multi-family dwelling units in return for restoring historic Building 16, (tax parcel # 112402-3-004-2003) and providing community meeting space; and WHEREAS, Ordinance 2000-19, adopted on November 8, 2000, created Section 18.31.050 of the Bainbridge Island Municipal Code, which implements Comprehensive Plan Policy OS5.2; and REVISED 4/13/2006 2:46:01 PM WHEREAS. in 2005 the City received a request for a Comprehensive Plan Amendment that would amend Po.licy OS 5.2 to clarify that the density incentive applies to the parcel as a whole, and not to Building 16 alone; and WHEREAS, pursuant to Bainbridge Island Municipal Code Chapter 18.117, the Planning Commission conducted a Phase I Comprehensive Plan Amendment review on September 8, 2005, and held a public hearing on October 13, 2005 and recommended that the amendment request go forward to Phase II review; and WHEREAS, the City Council conducted a Phase I Comprehensive Plan Amendment review and on November 9, 2005 fonvarded the amendment request to Phase II review; and WHEREAS, the City Council detenl1ined that the Comprehensive Plan Amendment should be expanded to address the location of the community meeting space, in addition to clarifying the density incentive; and WHEREAS. the Phase 11 review ofCPA11044 and review of this ordinance, 2006-01 were processed concUlTently, beginning with a Planning Commission study session on December 8,2005 and a public hearing on January 12, 2006; and WHEREAS, on January 12,2006 the Planning Commission voted to recommend approval of this ordinance, as amended, to the City Council; and NOW. THEREI?ORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND. WASHINGTON. DO ORDAIN, as follows: Section 1. BIMC Section 18.31.05013 is amended as follows: 18.31.050 Increases in density. Increases in density above the underlying base density are permitted as follows: A. Residential density bonuses may be available for providing affordable housing pursuant to Chapter 18.90 BIMC. B. The property identified as tax parcel number 112402-3-004-2003 containing a tHe !milding of historical interest, identified as Building 16 on Attachment 2, tax parcel number .Jl12102 3 001 2003, shall be penl1itted an increase in density up to a total of eight units; provided that the majority of the dwellin.g units are located inside Building 16 and provided that the following development standards are met: 1. The exterior of the building is rehabilitated and maintained in accordance with the standards established in BIMC 18.31.070. 2. The proposed work is reviewed by the Fort Ward historic review committee, and a certificate ofreview is issued, in accordance with BIMC 18.31.080. 3. A minimum of five feet of partial screen perimeter landscaping shall be provided along side and rear property lines. This requirement may be met by retaining existing vegetation on the property, or planting new vegetation. The perimeter landscaping requirement may be waived as part of the final decision on the permit, upon written agreement from adjoining property owners. REVISED 4/13/2006 2:46:01 PM 4. Surface parking is encouraged to be located behind the building. Any surface parking that is adjacent to residential uses shall be fully screened so as to prevent headlights from shining on the adjacent residential uses. 5. Parking may be located along the south property line; provided, that it is enclosed within a structure. 6. The applicant shall provide community meeting space of not less than 500 square feet. a. This community meeting space may be provided within Building 16; or b. Upon approval by the city, this requirement may be met by the applicant making a financial contribution equal to the cost of constructing a 500 square foot meeting space and one unisex bathroom stall within Building 16. If this option is used: i. The applicant shall submit current cost estimates to the city building official for the construction of the meeting space as described in subsection B.6.b of this section, meeting all Code requirements and the same level of finishes and quality of construction as used elsewhere in the interior ofthe building; ii, The payment shall be held in a reserve account and may only be expended in support of the construction of a community meeting space in the Fort Ward Historic Overlay District; iii. The payment shall be expended in all cases within five years of collection; and iv. Any payment not so expended shall be refunded with interest to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest. 7. The applicant complies with the requirements of BIMC 18.31.090 prior to issuance of an occupancy pem1it. C. Certain properties within the Fort Ward Historic Overlay District which contain a structure of historic interest, as identified on Attachment 2, shall be permitted to develop to the historic density as shown in the chart below; provided, that: 1. The exterior of the building is rehabilitated and maintained in accordance with the standards established in BIMC 18.31.070. 2. The proposed work is reviewed by the Fort Ward historic review committee, and a certificate of review is issued, in accordance with BIMC 18.31.080. 3. The applicanlt complies with the requirements of BIMC 18.31.090. Building Number Tax Parcel Number Density -- Building 13 11240230022005 Up to 3 units -- Building 18 41470050010004 2 uni ts -- Building 19 41470050020102 2 uni ts -' Building 20 41470050030002 2 units -- Building 21 41470050040001 2 units -- Section 3. This ordinance shall take effect on and be in force five days from and after its passage, approval, and publication as required by law. REVISED 4/13/2006 2:46:01 PM PASSED by the City Council this 1 ih day of April, 2006 APPROVED by the Mayor this 13th day of April, 2006 L-" "-.'1' ,',' ( /(I/i1.it.f.ft,:.,Jt;6';il,>~4;;:-1''O(.,~c* " Darlene Kordonowy, Mayor \ \ ......J ATT~ST/AUTHENTICATE: I ,'l; LJ 0-t,~~ J. /~0 Sue Kasper, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER March 1, 2006 April 12, 2006 April 19,2006 April 24, 2006 2006-0 I REVISED 4/13/2006 2:46:01 PM