ORD 2003-02 FLEX LOT DESIGN & SHORTPLAT, LARGE LOT REQUIREMENTS ORDINANCE NO. 2003-02
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
flexible lot design subdivision requiring open space designations amending short
subdivision and large lot subdivision requirements; amending 17.04.040, 17.12.020,
17.12.040, 17.12.050, 17.12.070, 17.12.080, 17.12.090, 17.12.107, 17.12.108, 17.16.020,
17.16.050, 17.16.063, 17.16.065, 17.16.070, 17.16.110, 17.16.120, 17.16.130, Appendix
B(2) and B(3); adding new section 17.12.092, 17.12.095, and repealing Appendix A of
Title 17 of the Bainbridge Island Municipal Code.
WHEREAS, the city adopted a comprehensive plan on September 1, 1994, which
establishes goals and policies for subdividing land; and
WHEREAS, the city developed a flexible lot design process in Ordinance No.
96-06A for land subdivision which implements the goals of the comprehensive plan as
they relate to residential land use; and
WHEREAS, the Growth Management Act provides for the retention of open
space, as well as park land in planning goal (9) of RCW 36.70A.020, which guides the
development of comprehensive plans for cities and counties; and
WHEREAS, the city's adopted comprehensive plan establishes goals and policies
guiding the preservation of open space and promoting clustering of development in land
subdivisions, (Land Use Element - Residential Open Space, Goal 1 and Policies OS 1.1,
1.9, 1.10, 1.11, 1.12 and 1.13) and BIMC 17.04.075 and 17.04.080 (subdivisions),
BIMC 17.12.080 and 17.12.090 (short subdivisions), and BIMC 17.16.065 and
17.16.070 (large lot subdivisions) require that subdivisions in certain zones provide
open space; and
WHEREAS, on July 11, 2002, the Supreme Court of the State of Washington
issued its decision in Isla Verde International Holdings, Inc., et al. v. City of Camas,
146 Wn.2d 740 (2002), in which Camas conditioned approval of a residential
subdivision on the set aside of open space, pursuant .to an ordinance that required every
subdivision to retain open space, and the Court held that the Camas subdivision
Ordinance 2003-02, Effective 10-1-03 l
condition violated RCW 82.02.020 because Camas failed to establish that the condition
was reasonably necessary as a direct result of the proposed subdivision; and
WHEREAS, the city has determined that certain revisions to Title 17 of the
Bainbridge Island Municipal Code should be adopted to refine the flexible lot design
process in support of the goals and policies of the comprehensive plan and to comply
with the Growth Management Act, as well as the lsla Verde case; and
WHEREAS, the city has further determined that revisions to the flexible lot
design process should include provisions that recognize the importance of neighborhood
character and the historical patterns of development that contribute to the uniqueness of
the island; and
WHEREAS, the city completed a study demonstrating that approximately 30
percent of the existing developed land in the City is currently retained as open space,
Analysis of Open Space, report dated July 15, 2003 and January 13, 2003; and
WHEREAS, city staff submitted a Staff Report dated August 14, 2003 that
summarizes the Land Use Committee's recommendation regarding open space provisions
for Chapters 17.12 and 17.16 of the City code; and
WHEREAS, to further the goal of retaining open space land within the city, the
city council considered the Analysis of Open Space study and other reports and statutes
and findings, the city council has determined that it is in the best interests of the city to
adopt an open space designation of 30% and an optional requirement to cluster
development for single-family residential subdivisions in the city; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Section 17.04.040 of the Bainbridge Island Municipal Code is
amended as follows:
17.04.040 Definitions.
"Arterial" means an arterial as defined in the city of Bainbridge Island Comprehensive
Plan.
"Block" means a group of lots, tracts or parcels within well defined and fixed boundaries.
"Buffer" means space, either landscaped or natural (consisting of existing natural
vegetation), the purpose of which is to reduce the impact of undesirable sights, sounds,
and odors, and to protect wetland and stream values, functions or property.
"Circle template" means a prescribed minimum area used for planning purposes to
determine the optimum location within a parcel for a homesite. A circle template shall fit
within every new lot created in order to define the minimum lot dimensions and potential
building sites. The circle template shall not include critical areas (as defined in BIMC
16.20.020) and/or their associated buffers. Where a structure would overlap a lot line,
Ordinance 2003-02, Effective 10-1-03 2
such as would occur with attached housing units, the minimum diameter of the circle
template shall be increased by 50 percent to determine the building's ground level
coverage area. Refer to the Flexible Lot Design Handbook to determine the minimum
circle template for developments and for more information.
"Cluster development" means a group of adjoining homesite areas situated in a suitable
area of a property, designed in such a manner that facilitates the efficient use of land by
reducing disturbed areas, impervious surfaces, utility extensions and roadways, while
providing for the protection of priority open space features.
"Cluster grouping" means a grouping of two or more homesite areas.
"Code" means the city of Bainbridge Island Municipal Code.
"Collector" means a collector as defined in the city of Bainbridge Island Comprehensive
Plan.
"Composite site plan" means a site plan that contains elements of the base map and
elements of the proposed subdivision such as circle templates, community water or septic
location (if applicable), open space provisions, and road and accessway location.
~'Comprehensive plan" means the goals and policies contained within the comprehensive
plans adopted by the city, including all amendments.
"Conceptual storm water plan" means a preliminary plan prepared by a licensed civil city
engineer consistent with the standards contained within the Chapter 15.20 BIMC. The
conceptual storm water plan shall describe the proposed methodology for storm water
management on the subject property, and shall confirm that the proposed method is
feasible for the site.
"Contiguous land" means land adjoining and touching other land and having the same
owner regardless of whether or not portions of the parcels have separate tax numbers, or
were purchased at different times, in different sections, are in different government lots
or are separated from each other by private road or private rights-of-way.
"Critical areas" mean:
1. Aquifer recharge areas, fish and wildlife habitats, frequently flooded areas,
geologically hazardous areas, wetlands and streams.
2. Critical areas and their protective buffers as described by Chapter 16.20 BIMC.
"Dedication" means the deliberate appropriation of land by an owner for any general and
public uses, reserving to the owner no other rights than such as are compatible with the
full exercise and enjoyment of the public uses to which the property has been devoted.
The intention to dedicate shall be evidenced by the owner by the presentment for filing of
a final subdivision showing the dedication thereon. Acceptance of the filing shall be by
approval of the final subdivision by the city council.
"Department" means the city's department of planning and community development.
"Director" means the director of the city department of planning and community
development. The director may delegate duties enumerated in this chapter to department
of planning and community development staff members.
"Division" means a portion of property within an approved preliminary subdivision
which is authorized to be recorded separately by the specific terms and conditions of the
preliminary and/or final subdivision approval.
"Easement" means a use granted by a property owner to specific persons or to the public
for use of land for a specific purpose.
"Established vegetation" means mature trees and shrubs.
Ordinance 2003-02, Effective 10-1-03 3
"Farms and farmland" mean farms and farmland as defined in BIMC 16.24.020.
"Final subdivision" means the final drawing of the subdivision and dedication prepared
I'or filing for record with the county auditor and containing all elements and requirements
set forth in Chapter 58.17 RCW and this code.
"Flexible lot design" means a design process which permits flexibility in lot development
and encourages a more creative approach than traditional lot-by-lot subdivision. The
flexible lot design process includes lot design standards, guidance on the placement of
buildings, use of open spaces and circulation which best addresses site characteristics.
This design process permits clustering of lots, with a variety of lot sizes, to provide open
space, maintain Island character and protect the island's natural systems. The criteria for
the layout and design of lots, including a minimum percentage of open space and a
minimum lot size are described in Chapters 17.04 and 17.12.
"Footprint" as defined in the city of Bainbridge Island Zoning Code.
"Geologically hazardous areas" as defined in Chapter 16.20 BIMC.
"Health district" means the Bremerton-Kitsap County health district.
"Health officer" means the county health officer unless the city employs its own health
officer.
"Hearing examiner" means the official designated as the hearing examiner for the city
pursuant to Chapter 2.38 BIMC.
"Homesite Area" means the area of a lot depicted on the face of a plat that is intended for
development of a residential dwelling and/or accessory dwelling unit.
"Island character" is the term used to describe the special character of the island -
winding, narrow and vegetated roadways and forested areas, meadows, farms, areas
which contain much of the island's wetlands and streams, aquifer recharge areas and fish
and xvildlife habitat areas. For the purposes of this chapter, it does not refer to a level of
service, or type of development, or measure of development intensity.
"Landscape Perimeter" means a landscape buffer located along a subdivision boundary.
The landscape perimeter may contain established native vegetation or additional
landscaping.
~'Landslide hazard areas" as defined in Chapter 16.20 BIMC.
"Mature vegetation on ridgelines" means existing significant trees as defined in Chapter
18.85 BIMC located on ridgelines of community significance. Ridgelines of community
significance are those dominant natural topographic features which are prominently
visible from off-site public fights-of-way and lands.
"Minimum lot width measurement line" means a reference line established at the exterior
wall of the principal building at which point the minimum lot width measurement shall be
taken. The minimum lot width measurement line shall be established parallel to a line
segment which describes the minimum width of the principal building.
Illustration II: Minimum Lot Width Measurement Line
"Native forest" means established forest areas consisting of native trees and plants.
"Native vegetation" as defined in Chapter 18.85 BIMC.
"Naturally occurring clearing" means a nonforested area formed by the land's natural
features and events of nature rather than human activities.
"Off-site views" mean existing scenic views of forests, mountains, farms, meadows or
marine waters into and across a parcel of land where a subdivision is proposed or such
views from a public roadway.
Ordinance 2003-02, Effective 10-1-03 4
"On-site views" means scenic views of mountains or marine waters, as exist from a
property prior to clearing of vegetation, subdivision or development of the property.
"Open space" means any area of land which is predominately undeveloped and which
provides physical and/or visual relief from the developed enviromnent in perpetuity; that
is generally unimproved and set aside, designated or reserved for public use or
enjoyment, or used for the private use and enjoyment of property owners. Open space
may consist of undeveloped areas, such as pastures and farmlands, woodlands,
greenbelts, critical areas, pedestrian corridors and other natural areas which provide
recreational opportunity and visual relief from developed areas.
Open space excludes tidelands, areas occupied by buildings, and any other
developed areas such as driveways, all rights-of-way and any other impervious surfaces
not incidental to open space purposes. For the purposes of this title, open space shall be
established consistent with the criteria and standards of BIMC 17.04.080 and 17.12.092.
"Pasture" means land used for grazing.
"Phasing" means the use of limits on construction, permitting or occupancy to reduce the
immediacy or severity of impacts of the subdivision on the environment or to better
achieve the requirements of state law for the concurrence of the facilities and services
with the needs generated by development.
"Planning commission" means the planning commission of the city.
"Platted lot" means a fractional part of divided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum zoning requirements for width and area
and the flexible lot development standards contained within this chapter. The term
includes tracts or parcels.
"Preliminary plat" means a drawing ora proposed subdivision, which shows the general
layout of lots, tracts, streets, and other information required by this chapter, resolutions,
ordinances or administrative rules of the department, signed by all property owners of
record or their duly designated agent or agents. The preliminary subdivision shall be the
basis for approval or disapproval of the general layout of a subdivision.
"Proposed site plan" means a drawing of a site plan, prepared consistent with the
requirements of the flexible lot design methodology and submitted for a preapplication
consultation with city staff members.
"Refined proposed site plan" means a drawing of a site plan, prepared in accordance with
the requirements of the Bainbridge Island Municipal Code and consistent with the
specific guidance on how to refine the proposed site plan received by the applicant from
the city staff members at the preapplication consultation.
"Right-of-way" means land in which the state, county, city or other governmental entity
owns the fee simple title or has an easement dedicated or required for a transportation or
utility use. The right-of-way is the right to pass over the property of another. It refers to a
strip of land legally established for the use of pedestrians, vehicles or utilities.
"Road" means a way open to vehicular ingress and egress established as a separate tract
for the benefit of certain adjacent properties. This definition shall not apply to accessways
or driveways.
"Road maintenance agreement" means a covenant or other agreement that addresses the
responsibility for road maintenance.
"Scenic corridor" means a strip of land on each side of a stream or roadway that is
generally visible to the public traveling on such route.
Ordinance 2003-02, Effective 10-1-03 5
"Short subdivision" is the division or redivision of land into four or fewer lots, tracts
(except tracts specifically reserved as open space), parcels or sites, for the purpose of
sale, lease or transfer of ownership, except that the division or redivision of two or more
existing lots into up to nine lots consistent with the procedures and standards contained in
Chapter 17.12 BIMC shall constitute a "short subdivisions" if an applicant dedicates
additional open space area pursuant to BIMC Section 17.12.092.D.2.
"Significant tree" means a tree, or group of trees identified as significant in Chapter 18.85
BIMC.
"Storm water" means water that is generated by rainfall and is often routed into drainage
systems in order to prevent flooding.
"Street" means a street as defined in the city of Bainbridge Island zoning code.
"Subdivider" means a person, including a corporate person or an agent, who undertakes
to create a subdivision.
"Subdivision" means the division or redivision of land into five or more lots, tracts
(except tracts specifically reserved as open space), parcels, sites or divisions for the
purpose of sale, lease or transfer of ownership, except as provided for in BIMC
17.12.040.
"Tree canopy" means the total area of the tree(s) where the leaves and outermost
branches extend, also known as the dripline, as defined in Chapter 18.85 BIMC.
"Tree stand" means a grouping of trees which form a continuous canopy, as defined in
Chapter 18.85 BIMC.
"Wetland" as defined in Chapter 16.20 BIMC.
Section 2. Section 17.12.020 of the Bainbridge Island Municipal Code is
amended as follows:
17.12.020 Purpose.
The purpose of this chapter is to regulate the subdivision of land, to promote the public
health, safety and general welfare of the citizens of the city in accordance with state law
and the city's comprehensive plan. To carry out this purpose and further the
comprehensive plan policies addressing residential subdivision of land (specifically the
Land Use Element of the Comprehensive Plan - Residential Open Space goal and
policies), this chapter establishes a flexible lot design process, that requires the
preservation of open space, promotes the consolidation of open space, and promotes
clustering of development within residential subdivisions. This process facilitates the fair
and predictable division of land, maintains the current character of the city, encourages
efficient and cost-effective provisions for infrastructure, limits the development impact
area, minimizes impervious surface area and provides for greater flexibility in the
division and establishment of residential lots. A further purpose of this chapter is to
prevent the overcrowding of land; to lessen congestion in the streets and highways; to
provide for adequate light and air; to facilitate adequate provision for water, sewage,
storm water drainage, parks and recreation areas, sites for schools and school grounds
and other public requirements; to provide for proper ingress and egress; to provide a
variety of housing opportunities; and to maintain the quality of life of the city. Through
this chapter, the city will also allow for the subdivision of land for commercial, multi-
Ordinance 2003-02, Effective 10-1-03 6
family and mixed use, and accomplish uniform monumenting of land subdivision and
conveyance by accurate legal description.
Section 3. Section 17.12.040 of the Bainbridge Island Municipal Code is amended as
follows:
17.12.040 Definitions.
"Short subdivision" is the division or redivision of land into four or fewer lots, tracts
(except tracts specifically reserved as open space), parcels or sites, for the purpose of
sale, lease or transfer of ownership, except that the division or redivision of two or more
existing lots into up to nine lots consistent with the procedures and standards contained in
Chapter 17.12 BIMC shall constitute a "short subdivision" if an applicant dedicates
additional open space area pursuant to Section 17.12.092.D.2.
The definitions in Chapter 17.04 BIMC shall apply to this chapter.
Section 4. Section 17.12.050 of the Bainbridge Island Municipal Code is amended as
follows:
17.12.050 Short subdivisions - Process overview.
A. All residential short subdivisions shall be designed consistent with the flexible lot
design process and the flexible lot standards described herein and shall follow the steps
described in subsection C of this section.
B. For the purposes of this chapter, short subdivisions proposed to exclusively
accommodate commercial, multifamily, or a combination of commercial and multi family
(mixed use), shall be consistent with the procedures and standards established by BIMC
17.12.095 and follow the steps described in subsection C of this section.
C. All short subdivision applications shall follow the following steps:
1. Proposed site plan(s) and additional information as required by this chapter and
Appendix B(2) of this title for the project are submitted for a preapplication conference in
accordance with the purpose and procedures of BIMC 2.16.035.
2. A refined proposed site plan consistent with the submittal requirements of this
chapter and additional materials as required by the director are submitted for the
preliminary short subdivision application review process.
3. An application for preliminary short subdivision is considered complete and is
filed by the city if it satisfies the submittal requirements set forth in BIMC 17.12.102.
4. The preliminary short subdivision application is reviewed consistent with
BIMC 17.12.104, 17.12.105, 17.12.106, 17.12.107 and 17.12.108.
5. The application for a preliminary short subdivision is reviewed by the director.
6. Following the determination by the director that the application is complete, a
copy of the preliminary short subdivision application is forwarded to the city engineer.
The city engineer will approve or disapprove the application and will provide a written
explanation to the director of the decision made.
7. The director will approve, disapprove the preliminary short subdivision, or
return the application for the preliminary short subdivision to the applicant for
modifications within 90 calendar days from the date of filing a complete application.
Ordinance 2003-02, Effective ! 0-1-03 7
8. At any time within five years following the date of the preliminary short
subdivision approval by the director, the subdivider may submit the original of a
proposed final short subdivision consistent with the final short subdivision submittal
requirements of this chapter.
9. The final short subdivision application will be reviewed by the director, the
health district and by the city engineer within 30 working days from the date of filing a
complete application.
10. The final short subdivision will not be officially approved until recorded by
the city.
11. The approved final short subdivision shall conform to the applicable standards
of BIMC 17.12.090, 17.12.092 or 17.12.095.
Section 5. Section 17.12.070 of the Bainbridge Island Municipal Code is amended as
follows:
17. l 2.070 Preliminary subdivision - Design assistance.
A. The subdivision process shall provide opportunities for owners of land and their
representatives to receive design assistance from the department's staffmembers prior to
formal submittal of an application.
B. Flexible Lot Design Handbook. A Flexible Lot Design Handbook shall be
prepared by the director to assist applicants in the preparation of flexible subdivision
designs and applications for residential subdivisions. The Flexible Lot Design Handbook
shall not be part of the ordinance codified in this chapter and shall contain no
requirements separate from the text of this chapter. The applicant for a residential
· subdivision is encouraged to prepare a proposed or "first draft" site plan following the
steps described in the Flexible Lot Design Handbook.
C. Preapplication Conference. To provide information regarding the design process
for a proposed subdivision, a preapplication conference shall be required prior to
preliminary subdivision review for all subdivisions in accordance with the purpose and
procedures of BIMC 2.16.035. The preapplication submittal shall include copies of at
least one proposed or "first draft"composite site plan prepared in accordance with flexible
lot design methodology as prescribed in the Flexible Lot Design Handbook.
Section 6. Section 17.12.080 of the Bainbridge Island Municipal Code is amended as
follows:
17.12.080 Preliminary residential short subdivision - Flexible lot design -
Preparation of maps, site plans and studies.
The following maps, site plans and studies shall be prepared for proposed residential
short subdivisions and shall be submitted to the city at the time of the preapplication
conference:
A. Base Map. Prepared consistent with Appendix B(2) of this title.
B. Aerial Photograph. Consistent with Appendix B(2) of this title.
C. Site Inventory Map. Prepared consistent with Appendix B(2) of this title.
Ordinance 2003-02, Effective 10-1-03 8
D. Significant Tree Plan. Prepared consistent with Appendix B(2) of this title.
E. Proposed Site Plan. Elements of the plan consistent with the following
requirements:
1. Identification of Open Space Location(s). Open space areas shall be established
as required pursuant to BIMC 17.12.092. The location of open space areas on a proposed
site plan shall meet the open space standards contained within BIMC 17.12.092, the
prioritization of open space features contained within BIMC 17.12.092.C, and open space
area requirements within BIMC 17.12.092.D.
2. Identification of Residential Homesite Locations. The location of residential
homesites on a proposed site plan shall be facilitated through the use of the design
methodology prescribed in the Flexible Lot Design Handbook.
a. Clustering Provisions - Homesites. Properties being subdivided that cluster
development pursuant to BIMC 17.12.090.A.5 shall provide a maximum homesite area
on the face of the plat to indicate future development area for a residential dwelling and
possible accessory dwelling units. The standards for the maximum homesite area are
provided in section 17.12.090.A.5.
b. Reasonable Use Exception. In the case where no homesite can be located
on a subject property, short subdivisions shall not be permitted. Development of the
subject property shall be facilitated consistent with the requirements of BIMC
16.20.090.1, Reasonable Use Exception.
3. Location of Individual or Community Water Supply Systems. The location of
any proposed individual or community well(s) and/or water system(s) for the subject
property, and associated wellhead protection areas as required by the health district shall
be graphically indicated on a copy of the base map, or as an overlay attachment to the
base map (providing that the overlay is prepared on a transparent material). Maintenance
access to the proposed wellhead or water system and all areas to be cleared for a wellhead
shall also be identified.
4. Location of Individual or Community Septic Systems. The location of any
proposed individual or community drainfields for the subject property and associated
reserve drainfields as required by the health district shall be graphically indicated on a
copy of the base map, or as an overlay attachment to the base map (providing that the
overlay is prepared on a transparent material). Maintenance access to proposed
drainfields shall also be identified.
5. Provision of Roads and Access. Roads and access consistent with the
requirements of the "City of Bainbridge island Design and Construction Standards and
Specifications" and the requirements of this code shall be provided to all proposed lots
consistent with the standards contained within this subsection. Roads and access
proposed consistent with the requirements of this subsection shall be graphically
indicated on a copy of the base map, or as an overlay attachment to the base map
(providing that the overlay is prepared on a transparent material).
The preparation of alternative configurations for all the above elements of the
proposed site plan for the subject property shall be encouraged. Alternative
configurations shall be graphically indicated on a copy of the base map, or as an overlay
attachment to the base map (providing that the overlay is prepared on a transparent
material).
Ordinance 2003-02, Effective 10-1-03 9
F. Composite Site Plan. A composite site plan shall be prepared. Composite site plans
are comprised of the assembly or printing of multiple overlay layers on the base map. The
purpose of preparing a composite site plan is to help the applicant and the city determine
which portions of a subject property are best suited to accommodate development,
infrastructure, and open space areas.
1. Composite site plan(s) shall be prepared consistent with the requirements for
the proposed site plan, in subsection E, above and the following:
a. The composite site plan shall be graphically indicated on a copy of the base
map, or as an overlay attachment to the base map (providing that the overlay is prepared
on a transparent material).
b. Establishment of Lot Lines. Preliminary lot lines shall be established on the
composite site plan to illustrate potential division of the subject property. Circle
templates or homesites shall be clearly indicated within each lot. Lot lines shall not cross
any homesite. Preliminary lot lines are intended for review and discussion at the
preapplication conference.
Section 7. Section 17.12.090 of the Bainbridge Island Municipal Code is amended as
follow:
17.12.090 Flexible lot - Standards.
A. Development Standards. Subdivisions established pursuant to the flexible lot
design process shall be subject to the following development standards:
1. Density.
a. The number of residential lots created in a subdivision shall not exceed the
density provisions of Title 18 BIMC.
b. Properties containing wetlands and/or wetland buffer areas are subject to
reduction of the maximum density, pursuant to the standards of BIMC 16.20.090.C or its
successor.
c. Subdivisions containing irregularly shaped lots and lots containing critical
areas may not be permitted to achieve maximum density.
2. Minimum lot size requirements:
a. 5,000 square feet if served by public sewer system or if the septic
drainfield is located outside of the lot (subject to Note i below);
b. 12,500 square feet or as otherwise specified by the health district if
septic drainfield is located within the lot (subject to Note i and ii below).
Notes: i. All lots must include at least 5,000 square feet outside of critical areas and their
required buffers.
ii. Larger minimum lot size may be required by the health district in order to
accommodate on-site septic systems.
3. Lot setback and dimensional requirements.
a. All lots shall be 50 feet wide as measured at the minimum lot width
measurement line (for properties subject to review pursuant to the Shoreline Master
Program the minimum lot width shall be as required by the Shoreline Master Program)
Ordinance 2003 -02, Effective 10-1-03 10
b. Insofar as prac[ical, side lot lines shall be at right angles to street lines or
radial to curved street lines. The size, shape, and orientation of lots shall be appropriate
for the type of development and use contemplated. Comer lots may be required to be
platted with additional width to allow for the additional side yard requirements.
c. Setbacks
i. Building to Building (on-site) Minimum 10 feet separation
ii. Building to subdivision
boundary Minimum 15 feet (R-3.5 and R-4.3 only)
Minimum 25 feet
iii. Building to Right-of-Way:
Arterial (SR 305) Minimum 75 feet setback
Arterial (other) Minimum 50 feet setback
Minimum 40 feet in R-4.3 and 3.5 only
Collector Minimum 50 feet setback
Minimum 40 feet in R-4.3 and 3.5 only
All others Minimum 15 feet setback
iv. Building to Trail, Open Space
(Except for open space areas that
are also roadside or landscape
buffers) Minimum 10 feet setback
v. Setbacks from rights-of-way may be reduced to maintain neighborhood
character by establishing building setbacks equal to or greater than the existing building
setbacks on the adjacent properties. Where there are no developed properties adjacent to
the property being subdivided, the setbacks shall be subject to subsection iii, above.
d. Maximum Lot Coverage The maximum lot coverage as specified in
BIMC Title 18 for the entire lot that is the
subject to the Short Plat application, a
portion of which is assigned to each lot at
the time of preliminary short plat approval.
4 Landscape Buffers *
a. Purpose. The purpose and intent of landscape buffers are to enhance and
retain the character of the Island by maintaining native vegetation along roadways and
preserving on and off-site views; providing visual relief along public roads and between
subdivisions and other existing development; reducing the impact of undesirable sights,
sounds or odors.
b. Roadside Buffers. Where established vegetation of a forested
oature is located adjacent to public roads that are designated as collector or arterial roads
on the adopted Road Classification Map, a 50-foot wide vegetative buffer shall be
maintained, except that in the R-4.3 and R-3.5 districts the buffer shall be 40-feet in
width. The provisions for buffer averaging provided inBIMC 17.12.090.A.2.4.fshall
apply.
i. Where there is no established vegetation that contributes to the existing
forested character of these roads, the character of the neighborhood shall be maintained
by establishing building setbacks equal to or greater than the existing building setbacks
on the adjacent properties pursuant to BIMC 17.12.090.A.3.c.v.
Ordinance 2003-02, Effective 10-1-03 11
ii. Existing houses incorporated into a subdivision. To accommodate an
existing house that is located within 50 feet of the property line adjacent to a collector or
arterial road, the roadside buffer area width shall be reduced to the width between the
existing house and the property line adjacent to the collector or arterial road.
iii. Multiple street frontages. For properties subject to the roadside buffers
requirement along two property boundaries, the roadside buffer abutting the street with
the lower classification may be reduced to 25 feet in width. For properties that abut more
than two streets requiring roadside buffers or in situations where both abutting streets are
of the same road classification, one roadside buffer of the full required width (50-foot or
40-foot) shall be required and all other roadside buffers may be reduced to 25 feet,
provided that the full required width (50~foot or 40-foot) buffer is located where a greater
number of significant trees can be incorporated into the buffer.
c. Park Buffers and Buffers for Dedicated Conservation Lands. A 25-foot
wide buffer shall be provided along a property line where the land adjacent to the
subdivision boundary is a park or a future park in a municipal plan, or dedicated
conservation land area that has been set aside for open space, wildlife habitat or public
conservation purposes by deed or conservation easement.
d. Landscape Perimeter. When the cluster development option is
selected pursuant to BIMC 17.12.090.A.5, the following applies:
i. In the R-2.9, R-2, R-1 and R-0.4 districts, a 25-foot wide landscape
perimeter shall be required along the subdivision boundary; or
ii. In the R-3.5 and R-4.3 districts, a 10-foot wide landscape perimeter shall
be required along the subdivision boundary.
e. Allowed Landscape Buffer Activities:
i. Potable water wells and well houses;
ii. Onsite storm water infiltration systems where the vegetated features of the
buffer are not adversely impacted;
iii. Ingress and egress, where the access runs approximately perpendicular to
the landscape perimeter;
iv. Underground utilities, where they run approximately perpendicular to the
landscape perimeter, provided that disturbance is minimized and the buffer is revegetated
after construction;
v. Non-motorized trails;
vi. Planting of vegetation; and
vii. Fences, a maximum height of 6 feet.
f. Landscape Buffer Requirements.
i. In order to buffer the visual impact of the proposed subdivision and protect
off-site views, filtered screen landscaping, pursuant to BIMC 18.85.070.B.3 and
18.85.070.C, shall be required within park buffers, buffers for dedicated conservation
lands and landscape perimeter buffers where established vegetation cannot provide such
screening.
ii. All native shrubs and significant trees shall be retained within all landscape
buffers, except that limited removal may be allowed for permitted activities located
within the buffer area.
iii. Required landscape buffer width may be reduced through buffer averaging
in accordance with the criteria in BIMC 18.85.070, Landscape Regulations, when such
Ordinance 2003-02, Effective 10-1-03 12
adjustments contribute to the neighborhood character by incorporating significant trees
and native vegetation within the buffer that retain the forested character of a street and
may otherwise have not been protected; incorporate a unique landscape feature; or
accommodate a unique situation that allows continuation of an existing use, such as a
utility or other easement providing continued use.
g. Landscape buffers may be included in the required open space calculations
for a subdivision as noted in Table II. Table II depicts the landscape buffer requirements
for subdivisions by zoning district and denotes when the buffer may be included in the
open space calculations.
Table II Landscape Buffer Requirements
Zoning Landscape Roadside Buffer Park & Conservation Land
District Perimeter Buffer* (Arterial & Collector) Buffer
R-0.4 25'-Filtered Screen 50'-Filtered Screen 25'-Filtered Screen
(OS)
R-1 25'-Filtered Screen 50'-Filtered Screen 25'-Filtered Screen
(os)
R-2 25'-Filtered Screen 50'-Filtered Screen 25'-Filtered Screen
(OS) (OS)
R-2.9 25'-Filtered Screen 50'-Filtered Screen 25'-Filtered Screen
(os) (os)
R-3.5 10'-Filtered Screen 40'-Filtered Screen 25'-Filtered Screen
(OS) (OS)
R-4.3 10'-Filtered Screen 40'-Filtered Screen 25'-Filtered Screen
(os) (os)
(O.S) indicates that the buffer may be calculated in the required open space area.
* Perimeter buffers are only required when a subdivision utilizes the cluster development option
specified in BIMC 17.12.090.A.5.
*Excepting those buffers established pursuant to critical area review, the requirements of
the Shoreline Management Act, conditioned by SEPA review, or required for public
health or safety reasons.
5. Cluster Development Option. Clustering of development may be
selected as an optional standard. If an applicant chooses to cluster development, the open
space provisions of BIMC 17.12.092 shall not apply. Clustering shall be accomplished
through the design process specified in the Flexible Lot Design Handbook; and should
meet the intentions of the open space objectives, open space design guidelines and
Ordinance 2003-02, Effective 10-1-03 13
prioritization of open space as provided in BIMC 17.12.092.A through C; and the
following requirements shall apply:
a. Homesite Area.
i. In the R-0.4, R-l, R-2, and R-2.9 zoning districts, a homesite area with a
maximum area of 10,000 square feet shall be provided for each lot and shall be depicted
on the face of the plat.
ii. In the R-3.5 and R-4.3 zoning districts the maximum home site area
provided for each lot shall be 7,600 square feet and shall be depicted on the face of the
plat.
iii. The purpose of the homesite area is to define the maximum disturbance
area for development of the primary residential dwelling, garages and accessory dwelling
unit for each lot within the subdivision.
iv. Other allowed uses and structures may be located within the lot and
outside the homesite area, provided that all other applicable requirements of the
Bainbridge Island Municipal Code are satisfied.
b. Homesite clustering.
i. The purpose of clustering is to facilitate the efficient use of land by reducing
disturbed areas, impervious surfaces, utility extensions and roadways, while providing for
the protection of priority open space features as provided in BIMC 17.12.092.C.
ii. Homesites shall be clustered into cluster groupings and the efficient
location of infrastructure shall be utilized to maximize open space area in a flexible lot
design subdivision.
iii. To facilitate clustering, homesites of two or more shall constitute a cluster
grouping.
iv. To promote clustering, all homesites in a cluster grouping shall adjoin or
be located a maximum of 25 feet apart from another homesite in a cluster grouping,
except as follows:
(a). The Fire Marshal requires a greater distance for fire protection
requirements; or
(b). The location of existing critical areas precludes the ability to adjoin or
locate a homesite within 25 feet of another homesite.
B. Landscape Standards. Landscaping shall be established consistent with the
requirements of BIMC 17.12.090.A.4 and Chapter 18.85 BIMC, and any other significant
tree retention requirement.
C. Roads and Pedestrian Access Performance Standards. The following standards
apply to all subdivisions.
1. Existing roadway character shall be maintained where practical. This may be
accomplished through the reduction of roadway width consistent with Subsection 3
below, the minimization of curb cuts, and the preservation of roadside vegetation.
2 . Roads and access shall be consistent with the standards set forth in "City of
Bainbridge Island Design and Construction Standards and Specifications". To minimize
impervious surfaces, public rights-of-way, access easements and roadways shall not be
greater than the minimum required to meet standards.
3. Variation from Road Requirements. A variation from the road requirements
and standards contained within the "City of Bainbridge Island Design and Construction
Ordinance 2003-02, Effective 10-1-03 14
Standards and Specifications" may be approved by the city engineer, if such a reduction
meets the purposes of this chapter.
4. Street names, traffic regulatory signs and mailboxes shall be provided. The
location of these shall be indicated on the plat.
5. Transit stops shall be provided as recommended by Kitsap Transit.
6. Pedestrian and bicycle circulation and access within a subdivision and onto the
site shall be provided through walkways, paths, sidewalks, or trails and shall be
consistent with the Non-motorized Transportation Plan, Ordinance 2002-09.
Section 8. New section 17.12.092 is added to the Bainbridge Island Municipal Code, as
follows:
17.12.092 Flexible Lot Design Open Space Standards.
Unless an applicant utilizes the cluster development option pursuant to BIMC
17.12.090.A.5, residential subdivisions in the residential zoning districts of R-0.4, R-l,
R-2, R-2.9, R-3.5 and R-4.3 established pursuant to the flexible lot design process shall
be subject to the following open space standards:
A. Open space objectives.
1. Open space should accomplish one or more of the following objectives:
a. Conservation and enhancement of natural or scenic resources, including
wildlife habitat;
b. Protection of streams and/or the water supply;
c. Conservation of soils, wetlands, beaches or tidal marshes;
d. Enhancement of the value to abutting or neighboring parks, forests, wild
preserves, nature reservations or sanctuaries;
e. Enhancement of recreational and community agricultural opportunities;
f. Preservation of farmland and historic sites;
g. Preservation of unique natural land or rock features; or
h. Preservation of visual qualities along highway, road and street corridors or
scenic vistas.
B. Open Space Design Guidelines. The area designated for open space preservation
shall be configured in a manner which enhances and promotes the natural character of the
Island and open space characteristics of the property. Open space configuration shall
satisfy the following guidelines:
1. Open space should be concentrated in large, consolidated, usable areas in
which the area of the open space is delineated with a low perimeter to area ratio (see
example in Table III, below);
2. Open space should connect to adjacent off-site open space areas, designated
greenways and/or critical areas;
3. Open space should be designed to preserve views from off-site of the subject
property;
4. Open space should be designed to preserve established vegetation on
ridgelines; and
5. Open space should enhance or retain the Island character through the
minimization of disturbance of roadside vegetation.
Ordinance 2003 -02, Effective 10-1-03 15
Table III Configuration of Open Space
Consolidated Open Space Open Space with a high Unconsolidated Open Space
with a low perimeter to area perimeter to area ratio
ratio
(PREFERRED) (NOT ACCEPTABLE) (ACCEPTABLE)
Open Space '~ Open Space Open Space in multiple
~ ~ ~ ~~ segmen
C. Prioritization of Open Space. The relative desirability of different types of open
space is ranked in Table IV below, and shall be used as the basis for determining the
optimum location for open space areas within a proposed subdivision.
Table IV Prioritization of Open Space Features
Priority Open Space Feature Notes
(Ranking)
1 Critical Areas (as defined All critical areas and their associated
in Chapter 16.20 BIMC) buffers shall be preserved.
and areas contiguous with
critical areas and/their
buffers
2 Significant trees identified consistent with
Native Forests the standards of the Landscaping Ordinance
(BIMC 18.85) should be preserved.
3 Mature Vegetation on Mature vegetation found on ridgelines of
Ridgelines community significance (as viewed fi-om
off-site) should be preserved.
4 Pastures and Farmland Pastures, farmland and land areas currently
or traditionally used in agriculture should
be preserved.
5 Trails and Greenways Trails and greenways should be preserved.
D. Open Space Area Requirements.
1. Required Area. The area dedicated for open space area shall be a minimum of
30% of the area of the property being subdivided, unless additional open space area is
otherwise provided pursuant to section ! 7.12.092.D.4 and should be consistent with the
priority open space features (Table IV above).
Ordinance 2003-02, Effective 10-1-03 16
2. Fee in-lieu of open space. When an applicant cannot provide all of the
required open space within a subdivision, a fee in-lieu of open space shall be paid to the
city and the city will acquire open space within the designated open space zone in which
the subdivision is located. This option is available only after the city adopts the fee in-
lieu program and for properties that meet the application criteria and pay the fee as
prescribed in the fee in-lieu of open space program.
3. In determining the open space designation requirement stated in section D. 1
above, the City has relied on the Analysis of Open Space report dated July 15, 2003 and
the other reports, statutes and documents referenced in the recitals to Ordinance No.
2003-02 ("Open Space Documentation"). The Open Space Documentation shall be
incorporated into the record of every short subdivision application. In reviewing a short
subdivision application, the City shall consider the Open Space Documentation as
presumptively valid and applicable to the short subdivision application.
4. Open Space Incentives.
If an applicant provides an additional 15% of permanently protected open space in
addition to the 30% open space area required by BIMC section 17.12.092.D. 1, the
following incentive is provided for the property:
a. The division or redivision of two or more existing lots into up to nine lots
consistent with the procedures and standards contained in Chapter 17.12 BIMC shall
constitute a "short subdivision".
E. Calculation of Open Space Area. For the purposes of this chapter, the open space
area shall generally be consolidated and contiguous and meet the open space definition,
criteria and standards of this chapter, including the criteria of Tables III and IV.
Landscape buffers may be included in the open space calculation as specified in Section
17.12.090.A.4.f.
F. Open Space Ownership. Ownership of open space area shall be established
consistent with one of the following forms of ownership:
1. Private Ownership. Open space shall be established by easements, restrictive
covenants, or other similar legal means; or
2. Common Ownership. Open space shall be held in common by a home or
property owner's association or other similar organization. For the purposes of this
chapter, ownership of and/or conservation easement being held by a land trust, or other
similar conservancy organization, shall be considered common ownership. Should this
ownership pattern be selected, appropriate covenant, conditions, and/or restriction shall
be required; or
3. Public Ownership. In certain circumstances the city or other public agency_may
choose to accept ownership of open space. Upon approval and acceptance by the
Director, open space shall be dedicated to the public.
G. Uses Allowed in Open Space. The following uses are allowed in those designated
open space areas that are not considered part of a required landscape buffer_(unless
zoning regulations of Title 18 or critical areas regulations of Chapter 16.20 restrict such
use):
1. Passive recreation, including pervious trails; and
2. Agricultural uses and fencing necessary for animal control, excepting those
agricultural uses that require permanent buildings; and
3. Potable water wells and well houses; and
Ordinance 2003-02, Effective 10-1-03 17
4. Low impact fencing or signs marking the open space boundary; and
5. Septic systems and storm drainage systems approved by the Director for all
zones except R-0.4, if the applicant can demonstrate that the proposed use will not
adversely affect the function or characteristics of the specific open space and the
following criteria are met:
a. Septic System Use. The system is approved by the Bremerton-Kitsap
County Health District; and construction of the system will not require the removal of
significant trees, native forests or vegetation within a required buffer for designated
critical areas subject to BIMC 16.20.
b. Storm Drainage System Use. The system must meet the design standards
of BIMC Chapters 15.20 and 15.21 and the system design must contribute to the function
and characteristics of the open space feature by providing the following:
i. The design will include natural contours with slopes no greater than 1:2
for any above ground storm detention facilities; and
ii. Riparian vegetation will be provided in conjunction with the storm
drainage facility; and
iii. Pedestrian trails should be considered as part of the design; and
iv. Fencing will be minimized, utilizing low impact fencing (e.g. splitrail)
and chainlink fences are prohibited.
H. Open Space Management Plan. Open space areas shall be permanently
maintained. An applicant shall submit a draft open space management plan (OSMP) for
review as part of the preliminary plat application. Final approval of the OSMP will occur
at the time of final plat approval.
1. The OSMP shall include a list of all approved uses for the open space areas.
Where a variety of uses are permitted, the specific location of each use shall be depicted
graphically.
2. The OSMP shall include a maintenance plan for open space areas which
clearly describes the frequency and scope of maintenance activities for open space areas.
Such a plan shall include, but not be limited to the following:
a. A forest management plan, if the open space is to be managed as
forested open space pursuant to RCW 84.34 or as timberland under RCW76.09.050.
b. For open space areas that are forested and are not part ora forest
mm~agement plan as described in subsection 2.a, above, provisions shall be included for
replacing significant trees that may later become diseased or die or are determined to be a
hazard to life or property.
c. An identification of the management entity responsible for the
maintenance of the open space areas. Open space areas shall be maintained permanently
by the individual property owners, property owner's association, a conservancy
organization, special public district or the city for properties owned by the city.
d. A plan for protecting open space features and existing vegetation
within all open space areas, both during and after the construction phases including
provisions for replacing significant trees and other vegetation that are damaged as a result
o f construction actions. Such a plan shall include temporary fencing to be installed
around the open space during construction phases to prevent accidental damage to the
open space.
Ordinance 2003-02, Effective 10-1-03 18
e. A plan for irrigating and otherwise ensuring the survival of any newly
established vegetation.
f. Provisions for the removal ofinvasive species and for the general
enhancement of fish and wildlife habitat, consistent with guidelines developed by the
City.
g. A requirement for either a low impact fence (e.g. split rail) or signs
delineating the boundary of the open space area. Low impact fences are preferred.
Signage and fencing will not be required for the landscape buffers.
3. In the event that the open space area is not maintained consistent with the
OSMP, the city shall have the right to provide the maintenance thereof, and bill the
owner accordingly.
Section 9. New Section 17.12.095 is added to the Bainbridge Island Municipal
Code, as follows:
17.12.095 Commercial and Multi-family Subdivision Standards. Subdivisions
established for commercial and multi-family residential uses pursuant to this chapter shall
be subject to the following development standards:
A. Lot areas shall comply with the minimum lot area of the zoning district, if any.
B. A minimum 25-foot vegetative buffer shall be established adjacent to all scenic
roads as defined in the Comprehensive Plan. The buffer shall be consistent with the
requirements for a full screen buffer, pursuant BIMC 18.85.070.B.1.
C. Road and pedestrian access performance standards pursuant to BIMC 17.12.090.D,
shall be satisfied, as applicable.
D. As an option, commercial and multi-family residential subdivisions may provide
open space pursuant to BIMC 17.12.092.
Section 10. Section 17.12.107 of the Bainbridge Island Municipal Code is
amended as follows:
17.12.107 Preliminary short subdivision Review process - Review by the director
- Decision criteria.
A. The director shall prepare written findings of fact and conclusions of law.
B. The director may approve or approve with modification an application for a
preliminary short subdivision if:
1. The applicable subdivision development standards of BIMC 17.12.090,
17.12.092 or 17.12.0.095 are satisfied;
2. The preliminary short subdivision makes appropriate provisions for the public
health, safety and general welfare, and public use and interest, including those items
listed in RCW 58.17.110.
3. The preliminary residential short subdivision has been prepared consistent with
the requirements of the flexible lot design process and applicable flexible lot design
standards;
Ordinance 2003-02, Effective 10-1-03 19
4. Any portion of a short subdivision which contains a critical area, as defined in
Chapter 16.20 BIMC, conforms to all requirements of that ordinance;
5. The city engineer determines that the preliminary subdivision meets the
following decision criteria:
a. The short subdivision conforms to regulations concerning drainage (Chapter
15.20 BIMC).
b. The short subdivision will not cause an undue burden on the drainage basin
or water quality and will not unreasonably interfere with the use and enjoyment of
properties downstream.
c. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties.
d. The streets and pedestrian ways as proposed are adequate to accommodate
anticipated traffic.
e. The short subdivision conforms to the requirements of this chapter and the
standards in the "City of Bainbridge Island Engineering Design and Development
Standards Manual", except as otherwise authorized by in BIMC 17.12.090.D.3.
6. The proposal complies with all applicable provisions of this code, Chapters
58.17 and 36.70A RCW, and all other applicable provisions of state and federal laws and
regulations;
7. The proposal is in accord with the city's comprehensive plan;
C. A proposed short subdivision shall not be approved unless written findings are
made that the public use and interest will be served by the platting of such short
subdivision.
Section 11. Section 17.12.108 of the Bainbridge Island Municipal Code is
amended as follows:
17.12.108 Preliminary short subdivision - Review process - Review by the city
engineer.
A. Upon receipt of the application and determination of completeness, the director
shall transmit a copy of the application to the city engineer. B. The city engineer shall review the application.
C. The city engineer shall recommend approval or disapproval of the preliminary
short subdivision application with regard to the decision criteria in BIMC 17.12.107. The
city engineer shall signify his recommendation of approval by providing a memorandum
to the director which includes any conditions of approval.
D. If the city engineer recommends disapproval of the application, he or she shall
provide a written explanation to the director.
Section 12. Section 17.16.020 of the Bainbridge Island Municipal Code is
amended as follows:
17.16.020 Purpose.
The purpose of this chapter is to regulate the large lot subdivision of land and to promote
the public health, safety and general welfare of the citizens of the city in accordance with
state law and the city's comprehensive plan. To carry out this purpose for the large lot
subdivision of land for residential uses, this chapter establishes a process, which will
Ordinance 2003-02, Effective 10-1-03 20
facilitate the fair and predictable division of land, and maintain the current character of
the city. A further purpose of this chapter is to prevent the overcrowding of land; to
lessen congestion in the streets and highways; to provide for adequate light and air; to
facilitate adequate provision for water, sewage, storm water drainage, parks and
recreation areas, sites for schools and school grounds and other public requirements; to
provide for proper ingress and egress; to provide a variety of housing opportunities; and
to maintain the quality of life of the city. Through this chapter, the city will accomplish
uniform monumenting of land large lot subdivision and conveyancing by accurate legal
description.
Section 13. Section 17.16.050 of the Bainbridge Island Municipal Code is
amended as follows:
17.16.050 Subdivisions Process overview.
A. All large lot subdivisions shall be designed consistent with large lot subdivision
standards described herein.
B. All large lot subdivision applications shall follow the following steps:
1. Proposed site'plan(s) and additional information as required by this chapter and
Appendix B(3) of this title for the project are submitted for a preapplication conference
with the department staff members.
2. A refined proposed site plan consistent with the submittal requirements of this
chapter and additional materials as required by the director are submitted for the
preliminary large lot subdivision application review process.
3. An application for preliminary large lot subdivision is cqnsidered complete and
is filed by the city if it satisfies the submittal requirements set forth in BIMC 17.16.090.
4. The preliminary large lot subdivision application is reviewed consistent with
BIMC 17.16.095, 17.16.100, 17.16.110, 17.16.120 and 17.16.130 as described in Chapter
2.16 BIMC. The preliminary large lot residential subdivision application shall also be
consistent with BIMC 17.16.070.
5. The application for a preliminary large lot subdivision is reviewed by the
director.
6. Following the determination by the director that the application is complete, a
copy of the preliminary large lot subdivision application is forwarded to the city engineer.
The city engineer will approve or disapprove the application within 30 calendar days and
will provide a written explanation to the director of the decision made.
7. The director will approve, approve with modifications or disapprove the
preliminary large lot subdivision within 90 calendar days from the date of filing a
complete application.
8. At any time within five years following the date of the preliminary large lot
subdivision approval by the director, the subdivider may submit the original of a
proposed final large lot subdivision consistent with the final large lot subdivision
submittal requirements of this chapter.
9. The final large lot subdivision application will be reviewed by the director, the
health district and by the city engineer within 30 working days from the date of filing of
the filing of a complete application.
10. The final large lot subdivision will not be officially approved until recorded
by the city.
Ordinance 2003-02, Effective 10-1-03 21
11. The approved final large lot subdivision shall conform to BIMC 17.16.190
and to applicable zoning standards of the city, codified in BIMC Title 18.
Section 14. Section 17.16.063 of the Bainbridge Island Municipal Code is
amended as follows:
17.16.063 Preliminary subdivision - Design assistance.
A. The large lot subdivision process shall provide opportunities for owners of land
and their representatives to receive design assistance from the department's staff
members prior to formal submittal of an application.
B. Flexible Lot Design Handbook. Although there is no requirement to provide open
space, the applicant for a residential large lot subdivision is encouraged to prepare a
proposed or "first draft" site plan following the steps described in the Flexible Lot Design
Handbook.
C. Preapplication Conference To provide information regarding the design process
for a proposed subdivision, a preapplication conference shall be required prior to
preliminary large lot subdivision review for all large lot subdivisions in accordance with
the purpose and procedures of BIMC 2.16.035.
Section 15. Section 17.16.065 of the Bainbridge Island Municipal Code is
amended as follows:
17.16.065 Preliminary residential subdivision design preparation of maps, site
plans and studies.
The following maps, site plans and studies shall be prepared for proposed residential
large lot subdivisions and shall be submitted to the city at the time of the preapplication
consultation:
A. Base Map. Prepared consistent with Appendix B(3) of this title.
B. Aerial Photograph. Consistent with Appendix B(3) of this title.
C. Site Inventory Map. Prepared consistent with Appendix B(3) of this title.
D. Significant Tree Plan. Prepared consistent with Appendix B(3) of this title.
E. Proposed Site Plan. Elements of the plan consistent with the following
requirements:
1. Identification of Residential Homesite Locations. The location of residential
homesites on a proposed site plan should be facilitated through the design methodology
prescribed in the Flexible Lot Design Handbook.
a. Reasonable Use Exception. In the case where no homesite can be located on
a subject property, large lot subdivision shall not be permitted. Development of the
subject property shall be facilitated consistent with the requirements of BIMC 16.20.090,
Reasonable Economic Use Exception.
2. Location of Individual or Community Water Supply Systems. The location of
any proposed individual or community well(s) and/or water system(s) for the subject
property, and associated wellhead protection areas as required by the health district shall
be graphically indicated on a copy of the base map, or as an overlay attachment to the
base map (providing that the overlay is prepared on a transparent material). Maintenance
Ordinance 2003-02, Effective 10-1-03 22
access to the proposed wellhead or water system and all areas to be cleared for a wellhead
shall also be identified.
3. Location of Individual or Community Septic Systems. The location of any
proposed individual or community drainfields for the subject property and associated
reserve drainfields as required by the health district shall be graphically indicated on a
copy of the base map, or as an overlay attachment to the base map (providing that the
overlay is prepared on a transparent material). Maintenance access to proposed
drainfields shall also be identified.
4. Provision of Roads and Access. Roads and access consistent with the
requirements of the "City of Bainbridge Island Design and Construction Standards and
Specifications" and the requirements of this code shall be provided to all proposed lots
consistent with the standards contained within this subsection. Roads and access
proposed consistent with the requirements of this subsection shall be graphically
indicated on a copy of the base map, or as an overlay attachment to the base map
(providing that the overlay is prepared on a transparent material).
The preparation of alternative configurations for all the above elements of the proposed
site plan for the subject property shall be encouraged. Alternative configurations shall be
graphically indicated on a copy of the base map, or as an overlay attachment to the base
map {providing that the overlay is prepared on a transparent material).
F. Composite Site Plan. A composite site plan shall be prepared. Composite site plans
are comprised of the assembly or printing of multiple overlay layers on the base map. The
purpose of preparing a composite site plan is to help the applicant and the city determine
which portions of a subject property are best suited to accommodate development,
infrastructure, and open space areas.
1. Composite site plan(s) shall be prepared consistent with the requirements for
the proposed site plan, in subsection E, above.
a. The composite site plan shall be graphically indicated on a copy of the base
map, or as an overlay attachment to the base map (providing that the overlay is prepared
on a transparent material).
b. Establishment of Lot Lines. Preliminary lot lines shall be established on the
composite site plan to illustrate potential division of the subject property. Homesites shall
be clearly indicated within each lot. Lot lines shall not cross any homesite. Preliminary
lot lines are intended for review and discussion at the preapplication conference
Section 16. Section 17.16.070 of the Bainbridge Island Municipal Code is
amended as follows:
17.16.070 Large Lot Standards.
A. Development Standards. Subdivisions shall be subject to the following
development standards:
1. Density.
a. The number of residential lots created in a subdivision shall not exceed the
density provisions of the city's Title 18.
b. Properties containing wetlands and/or wetland buffer areas are subject to
reduction of the maximum density, pursuant to the standards of BIMC 16.20.090.C or its
successor.
Ordinance 2003-02, Effective 10-1-03 23
c. Irregularly shaped lots and lots containing critical areas may not be
permitted to achieve maximum density.
2. Lot setback and dimensional requirements.*
a. All lots shall be 50 feet as measured at the minimum lot width measurement
kine (for properties subject to review pursuant to the Shoreline Management Master Plan
the minimum lot width shall be as required by the Shoreline Management Master
Program.
b. Each lot shall not be smaller than five acres or 1/128 ora section
(whichever is smaller).
c. Insofar as practical, side lot lines shall be at right angles to street lines or
radial to curved street lines. The size, shape, and orientation of lots shall be appropriate
for the type of development and use contemplated. Comer lots may be required to be
platted with additional width to allow for the additional side yard requirements.
d. Building to subdivision boundary
Minimum 15 feet
Minimum 25 feet (R-0.4 only)
e. Building to Right-of-Way:
Arterial (other) Minimum 50 feet setback
Collector Minimum 50 feet setback
All others Minimum 15 feet setback
f. Building to Trail Minimum 10 feet setback
g. Maximum Lot Coverage The maximum lot coverage
as specified in BIMC Title 18.
B. Landscape Standards. Landscaping shall be established consistent with the
requirements of Chapter 18.85 BIMC and any other significant tree retention
requirement.
C. Roads and Pedestrian Access Performance Standards. The following standards
apply to all subdivisions.
1. Existing roadway character shall be maintained where practical. This may be
accomplished through the reduction of roadway width consistent with Subsection 3
below, the minimization of curb cuts, and the preservation of roadside vegetation.
2. Roads and access shall be consistent with the standards set forth in "City of
Bainbridge Island Design and Construction Standards and Specifications". To minimize
impervious surfaces, public rights-of-way, access easements and roadways shall not be
greater than the minimum required to meet standards.
3. Variation from Road Requirements. A variation from the road requirements
and standards contained within the "City of Bainbridge Island Design and Construction
Standards and Specifications" may be approved by the city engineer, if such a reduction
meets the purposes of this chapter.
4. Street names, traffic regulatory signs and mailboxes shall be provided. The
location of these shall be indicated on the plat.
5. Transit stops shall be provided as recommended by Kitsap Transit.
Ordinance 2003-02, Effective 10-1-03 24
6. Pedestrian and bicycle circulation and access within a subdivision and onto the
site shall be provided through walkways, paths, sidewalks, or trails and shall be
consistent with the Non-motorized Transportation Plan, Ordinance 2002-09.
Section 17. Section 17.16.110 of the Bainbridge island Municipal Code is
amended as follows:
17.16.110 Preliminary large lot subdivision - Review process - Review by the city
engineer.
A. The city engineer shall review the application and ascertain whether:
1. The proposal conforms to regulations concerning drainage (Chapter 15.20
BIMC);
2. The proposal will alter offsite surface or groundwater hydrology or water
quality or will unreasonably interfere with the use and enjoyment of properties
downstream;
3. The streets in the location as proposed align with and are otherwise coordinated
with streets serving adjacent properties;
4. The streets as proposed are adequate to accommodate anticipated traffic;
5. The application conforms to the requirements of this chapter and the standards
in the "City of Bainbridge Island Design and Construction Standards and Specifications"
B. If the city engineer recommends approval of the preliminary application with
respect to those items in subsections A. 1 through A.5 of this section, the city engineer
shall signify his or her recommendations of approval by providing a letter to the director
which will include any conditions of approval.
C. In making the analyses required by items A. 1 through A.5 of this section, the city
engineer shall assume that each lot within the proposed large lot subdivision will be
divided at some time in the future and, therefore, the engineer may take such contingency
into account in approving or disapproving an application.
D. If the city engineer recommends disapproval of the application, a written
explanation shall be provided to the director.
Section 18. Section 17.16.120 of the Bainbridge Island Municipal Code is
amended as follows:
17.16.120 Preliminary large lot subdivision - Review process - Review by the
director.
A. The director shall review the application to ascertain if the proposed plat conforms
to the following:
1. Zoning ordinance;
2. Comprehensive plan;
3. Shoreline management regulations;
4. Critical areas ordinance;
5. The applicable standards and requirements of this chapter;
6. All other applicable provisions of the Bainbridge Island Municipal Code.
Ordinance 2003-02, Effective 10-1-03 25
B. If the director disapproves the application or approves it subject to conditions, a
written statement of findings and conclusions shall be prepared which supports the
disapproval or need for the conditions.
C. The director may approve, approve with modification or disapprove an application
for preliminary short subdivisions based on criteria in BIMC 17.16.100, 17.16.110, and
17.16.130 and subsection A of this section.
D. The director has 90 calendar days from the filing of a complete application in
which to approve, disapprove or return the application to the applicant for modification.
This time period may be extended only with the approval of the applicant. If no action
can be taken to approve or disapprove the application within the 90 calendar days from
the filing of a complete application, the director must notify the applicant and surveyor of
the reasons for the delay and steps necessary to complete the application for preliminary
large lot subdivision.
E. If the director disapproves the application he or she shall provide a written
explanation thereof to the applicant and surveyor.
F. If an application for large subdivision is located adjacent to the right-of-way of a
state highway, the director shall give written notice of the application, including a legal
description of the short subdivision and a location map, to the Department of
Transportation. The Department of Transportation shall, within 15 days after receiving
the notice, submit a statement to the director who furnished the notice, including any
information that the Department of Transportation deems to be relevant about the effect
of the proposed large lot subdivision upon the legal access to the state highway, the
traffic carrying capacity of the state highway and the safety of the users of the state
highway.
G. A preliminary large lot subdivision application is exempt from planning
commission review as set out in BIMC 2.16.
Section 19. Section 17.16.130 of the Bainbridge Island Municipal Code is
amended as follows:
17.16.130 Preliminary large lot subdivision - Review process Large lot subdivision
standards.
A. A large lot subdivision shall conform to the applicable zoning standards and other
regulatory ordinances of the city, and the city's comprehensive plan.
B. Each lot in a large lot subdivision shall be provided with satisfactory access by
means of a public or private street leading to an existing, developed publicly owned
street.
C. All street rights-of-way within the large lot subdivision shall be dedicated to the
city of Bainbridge Island. (Note: Such dedication shall not reduce the number of parcels
allowable in a large lot subdivision if such parcels are based on a section subdivision
and/or comprise 1 / 128th of a section or more.)
D. The width of street rights-of-way, within a large lot subdivision, shall be adequate
to meet "City of Bainbridge Island Design and Construction Standards and
Specifications".
Ordinance 2003-02, Effective 10-1-03 26
Section 20 Appendix A of Title 17 of the Bainbridge Island Municipal Code is
repealed.
Ordinance 2003-02, Effective I 0-1-03 27
Section 21. Appendix B(2) of Title 17 of the Bainbridge Island Municipal Code is
amended as follows:
SUBMITTAL REQUIREMENTS FOR SHORT SUBDIVISIONS
T3 pt' of Required Items Purpme Form Contents
Preapplication Proposed Site The purpose of the Drawn or printed on durable i North arrow and scale;
Review. Plan Consisting base map is to material (mechanically
Short Plats off consolidate existing reproducible). 2. Name, address and phone
:haracteristics of the number of the owner of tbe
A. Base Map. rite and existing on-srte subject property, or the
3 Subject property
4 Total acreage;
Topography with a contour
interval of no less than five
[~et (slopes which exceed
15 percent shall be
identified);
The location of all
utility and/or conservation
subject property;
7 Tbe location and names of
roads and rights-or;way,
greenways, and trails
proximity to the subject
property;
8. The location ti'all utilities
lines or septic systems,
lines) located on the sub3ect
property;
9 'lhe location ti'all bodies
wetlands) located on the
subject property, or within
150 t~et of the subject
property;
10 The approximate location
and size ti existing
structures located within
100 t~et of the subject
property;
I i City of Bainbridge Island
zolllBg and comprehensive
plan designation tbr the
Ordinance 2003-02, Effective 10-1-03 28
Type of Required Items Purpose Form Contents
and Materials
Subdivision
subject croperty (shoreline
designations shall be
included if applicable);
12. Existing land uses on both
the subject property (il'
applicable) and all adjacent
propertms;
13 Ali areas of identified
bistorical importance
located on the subject
property or adjacent
properties, such as
structures listed on the
National Register tbr
[listoric Places and the
1987 Bainbridge Island
Historic Survey, as
prepared by the
Washington State Office of
Archeology and Historic
14. Wellhead protection areas
on or affecting the subJeCt
property.
B. Aerial The purpose of the An aerial photograph which An aerial photo showing tbe site
Photograph. aerial photograph is to is approximata]y the same in a present condition
assist in the preparation scale as the base map is
of the base map and obtained by the applicant
site inventory~ and to from the Department of
provide guidance on Natural Resources.
existing natural and
manmade conditions
found on the subject
and surrounding
properties.
C. Significant To locate significant Prepared as an overlay to Locate all significant trees as
Tree Plan. trees on property, the site inventory map or as defined in BIMC 18.85 010,
a part of the site inventory trees may be identified
map. individually or as tree stands
D. Site The purpose of the site lntbrmation identified i "No-build zones"
Inventory Maps. inventory is to gather during the site inventory a. All critical areas and
and evaluate shall be graphically their associated buflkrs
information about the indicated as an overlay (as defined m B[MC
subject properly and attachment to the base map Title 16) located on the
the surrounding area, (providing that the overlay subject property, and. if
and provide a graphic is prepared on a transparent possible, tbose located
portrayal of areas in material), within I00 t'eet of the
which development subject property (aerial
may not occur ("no- photographs or studies
build zones") or may prepared for adjacent
occur with restriction properties may be used
("restricted building to preliminary assess
zones"), ofl~site critical areas);
b. Wellhead protection
areas on or al't~cting the
subject property and all
other easements,
Ordinance 2003-02, Effective 10-1-03 29
7),pc o3' Required Items Purpose Form Contents
which limit
c Dedicated open space
located on the subject
property
(depicted in such a manner
as to be graphically distinct
fi-om "no-build zones"):
a Areas of significant
located on the subject
property, or on any
located within 100
feet of the subject
property
E. Proposed To illustrate the design Alternative configurations a Open space location(s)
Design proposals during the sha]l be graphically (prepared consistent with
Elements ~reapplication indicated on a copy of the the process contained in
established as conl~rence with the base map, or as an overlay BIMC 17.12.080)
required department staff attachment to the base map
pursuant to members. (providing that the overlay b. Residential homesite
BIMC is prepared on a transparent location(s) and lot lines
17.12.090 material) (prepared consistent with
Flexible Lot the process contained in
Standards. BIMC 17.12 080).
c. Location of individual or
community water supply
(prepared consistent with
d Provision of roads and
with the process contained
in B1MC 17.I 2.080).
F Composite To help the applicant , Composite site plans are Consistent with the B[MC
Site Plan. and the city determine comprised of the assembly 17 12.080 consolidated
which portions of a or pfinting of multiple inlbrmation of the above
subject property are overlay layers on the base
best suited to map. The composite site
accommodate plan shall be graphically
homesites, indicated on a copy of the
space areas, and to attachment to the base map
serve as the basis for (providing that the overlay
preapplication is prepared on a transparent
with the requirements
of BIMC 17.12080
Prelirainary A. Preliminary To submit the Map drawn on a minPnum Same as composite site plan and
Short Short Plat ~reliminary short plat 11 -inch by 17-inch paper to the lbllowing:
to 200 feet 1 Topography with a contour
tbet;
Ordinance 2003-02, Effective 10-1-03 30
2 Lots labeled alphabetically,
each lot shall designate the
proposed homesite (Short
Plats designed pursuant to
the BIMC 1712.090 5~
Option shall designate
homesites with a maximum
area of 10,000 square t~et
or 7,600 square t~et tbr R~
3.5 and R-4 3);
3. The location of all property
to ge dedicated when
applicable;
4. Soil logs, if appropriate;
plan illustrating the
runoff disposal.
B Preliminary Required for plats not Consistent with the requirements
open space using cluster of BIMC 17.12.g92.H.
management development option of
plan. BIMC 17.12.090.A.5.
C. Significant Identify significant Prepared consistent with the Identification of all significant
Tree/Tree Stand trees and/or significant requirements of BIMC trees or tree stands to be
Retention Plan. tree stands to be 18.85.060 and submittal preserved within the short plat.
>reserved within the requirements of BIMC
short plat. 18.85,040 B.5.
Final Short A. Final Short To obtain the short a. The first sheet shall be All the elements required for
Subdivision. Plat. subdivision permit drawn on a mylar preliminary short subdivision and
from the city. sheet which may be the ~bllowing:
the engineer. I The perimeter (which shall
shall be drawn on, or' the proposal, together
stable-base mylar, with all internal lots and
polyester film or blocks;
similar durable
material 18 inches by 2. The dimensions of the
24 inches: a line shall perimeter and all lots;
border each sheet
margin on the left side monuments;
(which shall be an 18-
inch side) and a 0.5- 4 Controlling reference points
remaining three sides:
the lower right-hand 5 The bearing and length of
comer of the sheet lines;
obtained from the
engineer. 6. Origin of meridian or basis
b. Drawn to scale no less of bearings;
than one inch to 200
feet which scale shall 7. All parcels created by the
be shown on the division of land to be so
drawing, designated as to the
Three copies of the final primary dwelbng umts
short plat are required, allowed on that parcel. '['his
number shall be designated
Ordinance 2003-02, Effective 10-1-03 31
Type qf Required Items Purpose Form Contents
and Materials
Subdivision
on each individual title;
8. Ali parcels designated if
applicable;
9 The names and locations of
adjacent subdivisions;
10 Thelocation of all property
to be dedicated;
Il. Signature and date lines tbr
certification by the
registered land surveyor
described in BIMC
12. Signature and date lines tbr
certification by county
13 Signature and date lines
i f applicable.
Documents. subdivision permit dedication when applicable.
in BIMC 17.12.360;
unless such agreement is
waived by the engineer;
8. A final open space
land when applicable.
Ordinance 2003-02, Effective 10-1-03 32
Section 22. Appendix B(3) of Title 17 of the Bainbridge Island Municipal Code is
amended as follows:
Appendix B(3)
SUBMITTAL REQUIREMENTS - LARGE LOT SUBDIVISIONS
Preapplication Proposed Site Plan The purpose of the Drawn or printed on 1. North arrow and scale;
Review. Consisting of: base map is to durable material
boundaries;
feet (slopes which exceed
15 percent shall be
identified);
The location of all
subject property;
The location and names of
easements, bicycleways,
properS;
(water lines or wells, sewer
lines) located on the
subject property;
property;
I l. City of Bainbridge Island
zoning and comprehensive
Ordinance 2003-02, Effective 10-1-03 33
subject property (shoreline
designations shall be
mcluded if applicable);
the subject property (if
applicable) and all adjacent
located on the subject
National Register Jbr
1987 Bainbridge Island
prepared by the
Washington State Office of
Archeology and Historic
on or at'i`ecting the subject
~rovide guidance on Resources.
manmade conditions
found on the subject
and surrounding
Tree Plan. trees on property, the site inventory map or defined in BIMC 18.85.010.
D. Site Inventory
Maps. The purpose of the Information identified 1. "No-build zones": a.
s~te inventory is to during the site inventory All critical areas and
gather and evaluate shall be graphically their associated buffers (as
information about the indicated as an overlay defined in BIMC Title 16)
subject property and attachment to the base located on the StlbJ~cl
the surrounding area, map (providing that the property, and, it possible,
and provide a graphic overlay is prepared on a those located within 100
portrayal of areas in transparent material), t`eet of the subject property
which development (aerial photographs or
may not occur ("no- studies prepared
build zones") or may adjacent properties may be
occur with restriction used to preliminary assess
"restricted building off'site critical areas);
zones") a Wellhead protectmn
areas on or afl`ecting
the subject property
and all other
Ordinance 2003-02, Effective 10-1-03 34
Process Step anti Required Items Purpose Form Contents
73,p¢ of &tbdivision and Materials
easements, setbacks,
or buffer areas which
limit development;
b Dedicated open space
or greenway areas
located on the subject
property
2. "Restricted building
zones" (depicted in such a
manner as to be
graphically distinct thom
"no-build zones"):
a Areas ol' significant
trces and vegetation
located on the
subject property, or
on any adjacent
properties located
within 100 feet
the subject property
E. Proposed To illustrate the Alternative a. Open space
Design Elements design proposals configurations shall be location(s) (prepared
established as during the graphically indicated on a consistent with the
required pursuant preapptication copy of the base map, or process contained in
to BIMC coat, fence with the as an overlay attachment BIMC 17 16.065)
17 16.070, Large department staff to the base map
Lot Standards. members (providing that the b. Homesite location(s)
overlay is prepared on a and lot lines
transparent material). (prepared consistent
with the process
contained in BIMC
1716.065).
c. Location of
individual or
commumty water
supply and septic
systems (prepared
consistent with the
process contained in
B[MC1716065)
d. Provision of roads
and access (prepared
consistent with the
process contained ill
BIMC 1716065)
F. Composite Site To help the applicant Composite site plans are Consistent with the BIMC
Plan. and the city determine comprised of the 17.16.065 consolidated
which portions of a assembly or printing of information of the above.
subject property are multiple overlay layers on
best suited to the base map. The
accommodate composite site plan shall
homesites, be graphically indicated
infrastructure, and on a copy of the base
open space areas, and map, or as an overlay
to serve as the basis attachment to the base
for preapplication map (providing that the
conference consistent overlay is prepared on a
with the requirements transparent material).
of BIMC t7.16.065
Preliminary Large Prelim/nary Large 'fo submit the Map drawn on a Same as composite site plan
Lot Subdivision, Lot Plat. preliminary large lot minimum 1 l-inch by 17- and the tPllowing:
Ordinance 2003-02, Effective 10-1-03 35
Five copies of the map of than l0 l~et;
the proposed large lot
subdivision are required. 2. Lots labeled numerically,
3. The location of all
property to be dedicated
when applicable;
6. The signature of the
owner o{' record of the
subdivision;
dimensions ol all
9. The appropriate location
Final Large Lot A. Final Large Lot To obtain the large lot a. The first sheet shall All the elements required tbr
~ubdivision. Plat. subdivision permit be drawn on a preliminary large lot
t¥om the city. mylar sheet which subdivision and the lbllowing:
may be purchased
at cost from the I. The perimeter (which
engmeer, shall be shown by
Subsequent sheets heavier lines) of the
shall be drawn on proposal, together with
stable-base mylar, all internal lots and
polyester film or blocks;
similar durable
material 18 inches 2 The dimensions of the
by 24 inches; a line perimeter and all lots;
shall border each
sheet having a 3- 3. Ties to permanent
inch margin on the monuments;
let't side (which
shall be an 18- inch 4 £ ontrolling relkrence
side) and a 0,5-inch points or monuments;
margin on the
remaining three 5. The bearing and length
sides: the lower of' lines;
right-hand comer of
the sheet obtained 6. Origin of meridian or
from the engineer, basis of bearings;
b. Drawn to scale no
Ordinance 2003-02, Effective 10-1-03 36
scale shall be division of land to be so
shown on the designated as to the
primary dwelling units
large lot plat are required. This number shall be
designated on each
of adjacent subdivisions;
described in BIMC
17.16.095;
tbr approval by the
13. All conditions
approval, if applicable.
B. Additional To obtain the large lot Various. I. Textual declaration of
2 The declaration
described in B[MC
17.16120;
17.16.130;
described in BIMC
1716160;
property within the
boundaries of the large
waived by the engineer;
Ordinance 2003-02, Effective 10-1-03 37
Process Step and Required Items Purpose Form Conlents
I'~'pr, of Subdivision and Materials
8 Perimeter lot closures tbr
llnal review;
9. A building site
application;
10. A final open space
management plan;
il. Proposed restrictions or
covenants running with
the land when applicable;
12. Signature and date lines
lbr certitication hy tbe
registered land surveyor
as described ill B[MC
17.16.095;
13. Signature and date lines
1Bt approval by the
director;
14. A legal description of the
real property to be
divided;
15. A completed city of
Bainbridge Island large
lot subdivision
application lbrm;
16. A vicinity map showing
the Iocagon of the
proposed subdivision;
17 Proposed restrictions of
covenants rUlllllng with
the land
Section 23. To the extent that the requirements set forth in the provisions of this
ordinance are inconsistent with requirements set forth in other City code provisions, the
requirements set forth in this ordinance shall supersede the requirements in the other City
code provisions.
Ordinance 2003-02, Effective 10-1-03 38
Section 24. This ordinance shall take effect on October 1, 2003 after its passage,
approval and publication as required by law.
PASSED by the City Council this l0th day of September, 2003.
APPROVED by the Mayor this 12th day of September, 2003.
ATTEST/AUTHENTICATE:
SUSAN P. KASP~R, C'ity (~lerk '
APPROVED AS TO FORM:
ROD P. KASEGLFMA, City Attorney
FILED WITH THE CITY CLERK: December 4, 2002
PASSED BY THE CITY COUNCIL: September 10, 2003
PUBLISHED: September 17, 2003
EFFECTIVE DATE: October 1, 2003
ORDINANCE NUMBER: 2003-02
Ordinance 2003-02, Effective 10-1-03 39