ORD 2006-19 DENSITY BONUSES IN URBAN MULTI FAMILY ZONES
ORDINANCE 2006-19
An Ordinance of the City of Bainbridge Island, pertaining
to density bonuses in the urban multifamily zones; and
amending Sections 2.48.040 and 2.48.050 of Chapter
2.48 of the Bainbridge Island Municipal Code; amending
Sections 18.12.040 and 18.12.080 of Chapter 18.12 of the
Bainbridge Island Municipal Code; and amending
Sections 18.15.040 and 18.15.050 and adding new
Section 18.15.080 to Chapter 18.15 of the Bainbridge
Island Municipal Code.
WHEREAS, the City's official Zoning Map designates the R-14 zone (14 units
per acre) and R.8 zone (8 units per acre) for multifamily development; and
WHEREAS, City zoning regulations currently allow for a density bonus in all
residential zones, including the R-14 and R-8 zones, in exchange for providing
affordable housing; and
WHEREAS, on October 11,2006 the City Council adopted Ordinance 2006-12,
amending Policy W 7.2 of the Land Use Element of the Comprehensive Plan, to allow a
density bonus in the Urban Multifamily Districts in exchange for providing public
amenities; and
WHEREAS, Chapter 18.12 and Chapter 18.15 of the Bainbridge Island
Municipal Code must be amended to implement the provisions of Ordinance 2006-12,
now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON DO ORDAIN, AS FOLLOWS:
Section 1. Section 2.48.040 of Chapter 2.48 of the Bainbridge Island Municipal Code
is amended to read as follows:
1
2.48.040 Powers and duties.
The board shall have the following duties and responsibilities:
A. Serve in an advisory capacity to the planning commission and the department of
planning and community development on all commercial and mixed use land use
applications subject to design guidelines in this code including, but not limited to, all
commercial and mixed use projects requiring site plan and design review approval or
conditional use permit authorization under Chapters 18.105 and 18.108 BIMC.
B. Serve in an advisory capacity to the planning commission and the department of
planning and community development on all multifamily residential land use applications
utilizing the public open space density bonus provisions specified in Section 18.12.080 of
Chapter 18.12 BIMC and Section 18.15.080 of Chapter 18.15 BIMC.
B. Review and make recommendations to the planning commission and the city
council on changes, amendments and/or additions to the design guidelines.
C. Such other powers and duties as may be provided by resolution or ordinance of the
city council.
Section 2. Section 2.48.050 of Chapter 2.48 of the Bainbridge Island Municipal Code
is amended to read as follows:
2.48.050 Design review board review and recommendation process.
The design review board shall review and make recommendations on all commercial,
mixed use land use applications, and multifamily land use applications utilizing density
bonus provisions specified in Sections 18.12.080 and 18.15.080. as set forth in this
section.
A. In order to identify potential design issues, selected members of the board shall
attend the preapplication conference for any commercial, or mixed use project that is
subject to design guidelines, or multifamily projects utilizing the density bonus
provisions specified in Sections 18.12.080 and 18.15.080. The date and time of the
preapplication conference shall be established by the director of planning and community
development after consulting with the chair of the board.
B. Within 21 days of the date on which the application is detem1ined to be complete,
the board shall meet with the staff and the applicant, at a date and time established by the
director after input from the chair of the board, to consider whether the application
complies with the guidelines.
C. At the preapplication conference and at the board meeting following the submittal
of a complete application, the board shall rotate meeting attendance among board
members, with at least three and not more than five members attending any
preapplication conference or meeting. The board members who attend the preapplication
conference shall also attend the meeting. At least one architect shall attend each meeting.
The board shall adopt rules regarding attendance at preapplication conferences and
meetings.
D. At the board's meeting to review the complete application, the board in its
discretion may allow interested citizens to speak and submit documents.
2
E. Within 14 calendar days of the conclusion of the meeting to review the complete
application, the board shall submit to the director for inclusion in the staff report for
subsequent submission to the planning commission, a recommendation that states
compliance or noncompliance with applicable design guidelines and recommends
approval, approval with modifications or denial of the application based on design
guidelines. The planning commission shall consider the board recommendation in
making any recommendation on the application.
F. A board recommendation is not a decision and there is no city appeal of the
recommendation.
G. A board recommendation shall be valid for the term of the underlying permit or
approval.
Section 3. Section 18.12.040 of Chapter 18.12 of the Bainbridge Island Municipal
Code is amended to read as follows:
18.12.040 Lot area and density.
A. The density shall be one unit per 3,100 square feet ofland.
B. The minimum lot area for single-family residences shall be 10,000
5,000 square feet where served by sanitary sewers.
C. The minimum lot area for multifamily chvellings shall be 3,100 square
feet per dwolling unit.
.g. C. An increase in density is permitted pursuant to the requirements of
BIMC 18.12.080 and 18.15.030.F BIMC 18.90.
Section 4. Section 18.12.080 of Chapter 18.12 of the Bainbridge Island Municipal Code
is amended to read as follows:
18.12.080 Bonus densities allowed.
.\. Qualified senior citizen housing projects may be alloy/ed the follo',ving
density bonuses:
1. A minimum of 1,000 square feet of lot area per unit;
2. One parking space per unit shall be required;
3. Maximum lot area covered by buildings shall not eJCceed that
allowed in the underlying zone.
B. All elderly housing projects desiring to utilize the increase in density
permitted by this section shall first obtain a conditional use permit from the
hearing examiner. The applicant must file \'lith land use administrator a signed
written statement that the follmving conditions shall be met:
1. That so long as the project utilizes the increased density allo\vance
permitted by this chapter, it shall qualify under the insured mortgage program
of the federal Department of Housing and Urban persons as defined by HUD
or persons otherwise qualified for social security disability benefits;
2. In the event the above oondition or any imposed by tho hoaring
examiner ceases to be met, the conditional use permit may be revoked by the
hearing examiner after a public hearing called for said purpose. Upon
revocation, the right to maintain an increase in the number of units as
3
permitted by this sltbsection f{)r elderly housing and the decrease in parking
space requirements shall terminate, and the o',vners or their successors shall be
required to meet the underlying donsity and pa-rking space requiroments in
effect for the subj ect property at that time;
3. Tho owner shall exocute a covenant that shall run '.vith the land
naming the city as grantee, which \"ill state the number of units that will then
be permitted and the number of parkin,s spaces that ,.."ill then be required if the
conditional use permit is revoked;
1. The area that would othen'lise be used for parking but for the
decreased number of spaces required under this chapter shall be landscaped
and shall not be used for construotion of pem1anent structures.
A. Upon approval of the City, a density bonus not to exceed 50% may be
granted by providing permanent, public open space, provided that:
1. The open space shall abut a public or private street and have adequate
public access.
2. If the subject property being developed is a comer site, placement of
the open space at the comer is preferred.
3. Signage shall be posted to notify that the open space is public and
access is permitted.
4. The amount of the density bonus shall be twice the percentage of the
total lot area that is designated as open space. For example, if 25% of the total
lot area is designated as open space, a 50% density bonus may be achieved.
5. The minimum area designated as public open space must be the larger
of:
a) 10% of the total lot area, or b) one-quarter acre.
6. If the open space is not contiguous, then each open space area must be
at least one-quarter acre.
7. A 15' building setback shall be provided along the perimeters of the
open space.
8. Trees retained within the designated open space may fulfill the
significant tree/canopy retention requirements of BIMC 18.85.060.
9. The public open space density bonus may be combined with other
density bonuses applicable to this zone, provided that the total combined
density bonus does not exceed 50% of the base density.
10. The open space shall be established as permanent, public open space
through one of the following means:
a. Public ownership. The City or other public agency may
choose to accept ownership of open space and upon approval and acceptance
by the Director, open space shall be dedicated to the public.
b. Private ownership. Open space may be held in private
ownership if established by easements, restrictive covenants, or other similar
legal means provided the following:
i. Public access and maintenance of the open space are
adequately provided for by written agreement, and such agreements or
covenants are recorded with the County Auditor;
4
ii. In the event that the open space is not maintained
consistent with the agreement. the City shall have the right to provide the
maintenance thereof, and bill the owner for the cost of maintenance.
B. Open space that is selected under the provisions of Section 18.12.070A.5
or required as mitigation for development impacts may not be included in the
open space calculations related to the density bonus provided in this section.
C. Lands that are located in the critical areas overlay district. as identified in
the comprehensive plan, are not eligible for the density bonus provided in this
section.
Section 5. Section 18.15.040 of Chapter 18.15 of the Bainbridge Island Municipal
Code is amended to read as follows:
18.15.040 Lot area and density.
A. The density shall be one unit per 5,400 square feet ofland.
B. The minimum lot area for single family residences shall be MOO 5,000
square feet when served by sanitary sewers.
G. B. An increase in density is permitted pursuant to the requirements of
BIMC UU2.080 aM 18.15.030.F il,.15.08Q and BIMC 18.90.
Section 6. Section 18.15.050 of Chapter 18.15 of the Bainbridge Island Municipal
Code is amended to read as follows:
Section 18.15.050 Lot Coverage
The maximum lot area covered by buildings shall not exceed 25%, except that for
proiects utilizing the bonus density provisions ofBIMC 18.15.080, lot coverage may be
increased to a maximum of 40%.
Section 7. A new Section 18.15.080 is added to Chapter 18.15 of the Bainbridge
Island Municipal Code as follows:
18.15.080 Bonus densities allowed.
A. Upon approval of the City, a density bonus not to exceed 50% may be
granted by providing permanent. public open space, provided that:
1. The open space shall abut a public or private street and have adequate
public access.
2. If the subiect property being developed is a comer site, placement of
the open space at the comer is preferred.
3. Signage shall be posted to notify that the open space is public and
access is permitted.
4. The amount of the density bonus shall be twice the percentage of the
total lot area that is designated as open space. For example, if 25% of the total
lot area is designated as open space, a 50% density bonus may be achieved.
5
5. The minimum area designated as public open space must be the larger
of: a) 10% of the total lot area, or b) one-quarter acre.
6. If the open space is not contiguous, then each open space area must be
at least one-quarter acre.
7. A 15' building setback shall be provided along the perimeters of the
open space.
8. No portion of any building within 20 feet of a front yard setback
located across the street from a single-family residential zone shall exceed a
height of 25 feet.
9. Building design shall incorporate features such as pitched or terraced
roof forms, upper level stepbacks, wall recesses and/or other architectural
treatment to minimize building bulk and scale as perceived from adioining
streets and neighborhoods.
10. Trees retained within the designated open space may fulfill the
significant tree/canopy retention requirements ofBIMC 18.85.060.
11. The public open space density bonus may be combined with other
density bonuses applicable to this zone, provided that the total combined
density bonus does not exceed 50% of the base density.
12. The open space shall be established as pem1anent, public open space
through one of the following means:
a. Public ownership. The City or other public agency may
choose to accept ownership of open space and upon approval and acceptance
by the Director, open space shall be dedicated to the public.
b. Private ownership. Open space may be held in private
ownership if established by easements, restrictive covenants, or other similar
legal means provided the following:
i. Public access and maintenance of the open space are
adequately provided for by written agreement, and such agreements or
covenants are recorded with the County Auditor;
ii. In the event that the open space is not maintained
consistent with the agreement, the City shall have the right to provide the
maintenance thereof, and bill the owner for the cost of maintenance.
B. Lands that are located in the critical areas overlay district, as identified in
the comprehensive plan, are not eligible for the density bonus provided in this
section.
Section 8. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
6
Section 9. Effective Date. This ordinance shall take effect on and be in force five days
from the date of passage of an ordinance amending the responsibilities of the Design
Review Board to include review of multifamily developments, but in any case no later than
January 1, 2007.
PASSED by the City Council this I11h day of October 2006.
APPROVED by the Mayor this 1 ih day of October 2006.
)
DARLENE KORDONOWY, ayo
L/
ATTEST/AUTHENTICATE:
lo\OQ..('\(i~.. \Q_"~~
ROSALIND D. LASSOF , CMC
City Clerk
ORDINANCE NUMBER:
August 2, 2006
October 11, 2006
October 18, 2006
This ordinance shall take effect on and be in
force five days from the date of passage of an
ordinance amending the responsibilities of the
Design Review Board to include review of
multifamily developments, but in any case no
later than January 1, 2007.
2006-19
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
7