ORD 2003-49 FLEXIBLE LOT DESIGN SUBDIVISION REQUIRING OPEN SPACE DESIGNATIONS ORDINANCE NO. 2003-49
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
flexible lot design subdivision requiring open space designations, amending 17.04.020, 17.04.040,
17.04.050, 17.04.070, 17.04.075, 17.04.080, 17.04.093, 17.04.094; 17.04.110, 17.12.070,
17.12.090.A.2.c, 17.12.090.A.4.b, 17.12.090.A.4.e, Table II of 17.12.090, 17.12.092.D.2,
17.16.070.A.2 and Appendix B(1)and B(2); and adding new sections 17.04.082, 17.04.083,
17.04.085 and 17.12.093 to 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, IA1,
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
Ordinance 2003-49 Public Hearing/3ra Reading January 14, 2004 1
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 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 Isla 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 December 4, 2003 that summarizes
the Land Use Committee's recommendation regarding open space provisions for Chapters 17.04
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; and
WHEREAS, the City Council adopted Ordinance 2003-02, amending the Short
Subdivision and Large Lot Subdivision procedures in Chapters 17.12 and 17.16 on September
10, 2003; and
WHEREAS, the City Council has determined that amendments to the Subdivision
procedures of Chapter 17.04 are necessary and corrections to amendments made by Ordinance
2003-02 in Chapter 17.12 and 17.16 are necessary; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, as follows:
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 2
Section 1. Section 17.04.020 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.020 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 fc, r '~' .... ~.f:~:&~ ~tl~l C ..... :.4~,;nl .....
and fimher the comprehensive plan policies addressing residential subdivision of land
(specifically the Land Use Element of the Comprehensive Plan - Residential Open Space goals
and policies), this chapter establishes a flexible lot process, wh:.c?, wi!! that promotes the
preservation of open space, consolidation of open space, and 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'rill .... C~ *h .... ~:~,:~:fi~ ^C1.~1 C ......... ;~1 ~a ;~110*~1 Uaeand 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-family and mixed use, and accomplish uniform
monumenting of land subdivision and conveyance ~ by accurate legal description.
Section 2. Section 17.04.040 of the Bainbridge Island Municipal Code is amended as
follows:
"Cluster grouping" means a grouping of two or more homesite areas for short subdivisions and a
grouping of four or more homesites for subdivisions regulated by Chapter 17.04.
"Mature trees and shrubs" means significant trees as defined in Chapter 18.85 and/or native
shrubs, and ferns and forbes established at a density that provides a predominately continuous
cover.
Section 3. Section 17.04.050 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.050 Subdivisions - Process overview.
A. All residential subdivisions shall be designed consistent with the flexible lot design
process and the flexible lot standards described !:er:in in this chapter and shall follow the steps
described in subsection C of this section.
Ordinance 2003-49 Public Hearing/3ra Reading January 14, 2004 3
B. For the purposes of this chapter, subdivisions proposed to exclusively accommodate
commercial, ~ multifamily, or a combination of commercial and multifamily
uses mixed use, ............... ,. ............ .~ ................................. ~,-- v ...... ,
cc~c.. Th: ~..,.a;..:~: ......... c^. ~ ............ · .......................... shall be consistent
with the procedures and standards established by ~ BIMC 17.04.085 and shall follow
the steps described in subsection C of this section.
C. All subdivision applications shall follow the following steps:
1. Proposed site plan(s) and additional information as required by this chapter and Appendix
B(1) of this title for the project shall be ~ submitted for a preapplication conference in
accordance with ......
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 and/or identified in the preapplication letter are
submitted for the preliminary subdivision application review process.
3. An application for preliminary subdivision is considered complete and is filed by the city if it
satisfies the submittal requirements set forth in BIMC 17.04.091.
4. The preliminary subdivision application is reviewed consistent with BIMC 17.04.094 and as
described in Chapter 2.16 BIMC.
5. A preliminary plat is approved, disapproved, or returned to the applicant for modification or
correction within 90 days from the date of filing a complete application, unless the applicant
consents to an extension.
6. At any time within five years following the date of the preliminary subdivision approval by
the city council, the subdivider may submit the original of a proposed final subdivision
consistent with the final subdivision submittal requirements of this chhpter.
7. The final subdivision application is reviewed by the city council within 30 working days from
the date of filing a complete application, unless the applicant consents to an extension.
8. The final subdivision becomes effective upon recording by the city.
Section 4. Section 17.04.070 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.070 Preliminary subdivision - Design assistance.
A. The subdivision process shall provide opporttmities 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. 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 fi.om 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.
Ordinance 2003-49 Public Hearing/3ra Reading January 14, 2004 4
C. Preapplication Conference Cenaultat!cn. To provide information regarding the design process
for a proposed subdivision, a ~ preapplication conference :cn:::!taden shall be required prior to
preliminary subdivision review for all subdivisions in accordance with the purpose and
procedures ofBIMC 2 16 035 T~ ~.~-+^ c~;u,.,~ +~ .......
The applic~t is enco~aged to provide copies of at least one proposed or "first draft" site pl~
prepped in accord~ce wi~ flexible lot desi~ methodology as described
F1 ibl ~tD i~H~db kfo ~epeappli ati fe
ex e es oo r r c on con rence, tc
lngp ...............r
Section 5. Section 17.04.075 of the Bainbridge Island Municipal Code is amended as follows:
17.04.075 Preliminary residential subdivision - Flexible lot design preparation of maps, site
plans and studies.
The following maps, site plans and studies shall be prepared for proposed residential
subdivisions and shall be submitted to the city at the time of the preapplication conference
A. Base Map. Prepared consistent with Appendix B(1) of this title.
B. Aerial Photograph. Consistent with Appendix B(1) of this title.
C.__~. 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 B1MC 17.04.082_0. The location of open space areas on a proposed site plan shall be
consistent with m~ the open space design gtfidelines peffc_.-nan:~ ~+~.a~.,~ contained ........ :n
BIMC 17.04.082_0(B), open space area seize requirements contained in ......... BIMC
17.04.082(D)0(C) and the pfioritization of open space features contained in w:~tk:m BIMC
17.04.082(C;,,t~/.
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 u .... :+~ .1.~1 ....... l~;-~ ~-~! ~l~U;~ a~;~
Ordinance 2003-49 Public Hearing/3~d Reading January 14, 2004 5
a. Clustering Provisions - Homesites. Prope~ies being subdivided that clust~
development pursuit to B~C 17.04.080.A.5 shall provide a m~imm homesite ~ea on the
bce of ~e plat to in, cate fu~e development ~ea for a residential dwelling ~d possible
accesso~ dwelling ~its. The st~d~ds for the m~imm homesite ~ea ~e provided in BIMC
17.04.080.A.5.
b~Reasonable ........... Use Exception. ~ the case where no homesite template c~
be located on a subject prope~y, subdivision shall not be peri,ed. Development of ~e subject
prope~y sh~l be hcilitated consistent with the requirements of B~C 16.20.090(J), reasonable
economic use exception.
3. ~cation of ~dividu~ or Co~ity Water Supply Systems. The location of ~y proposed
individual or community well(s) ~or water system(s) for the subject prope~y, ~d ~socimed
wellhead protection ~e~ as required by the health disffict shall be ~aphically indicated on a
copy of the base map, or as ~ overlay attac~ent to ~e base map (providing ~at the overlay is
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 6
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" c:'ty cf
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. Altemative 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).
D. ~.. 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.-l-,. Composite site plan(s) shall be prepared consistent with the requirements
.......... :~: ..... - ................ ~ .......... ~n this section D, above and the following:
1.__~. 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).
2.__~. 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
..... t- ..... Preliminary lot lines are intended for review and discussion at the preapplication
conference
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 7
Section 6. Section 17.04.080 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.080 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 subiect 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:
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), except lot size may be reduced below 5,000 feet as an
incentive for providing additional open space pursuant to BIMC 17.04.082;
12,500 square feet or as specified by the health district if septic drainfleld 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
requre u rs. ~--a
ii. Larger minimum lot size may be required by the health district in order to
accommodate on-site septic systems.
3._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 subiect to review pursuant to the Shoreline Master Program the minimum lot width
shall be as required by the Shoreline Master Program)
b. 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, uired to be 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 Exterior Property Line Minimum 15 feet
Minimum 25 feet in___iR-0.4 only)
iii~ Building to Right-of-Way:
......... M~mmum 75 feet setback
Arterial (SR 305) xT~ !sss *~'~- ' '
Arterial other .Nv, t !::: ....... Minimum 50 feet setback
Minimum 40 feet setback in R-4.3 and 3.5 only
Collector ?.~vt !::: ,..a.n ~ Minimum 50 feet setback
Minimum 40 feet in R-4.3 and 3.5 only
All others Minimum 15 feet setback
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 8
iv~ Building to Trail, Open Space or Access Easement
(Except for open space areas that
are also roadside or landscape
buffers) Minimum 10 feet setback
d. Maximum Lot Coverage
The maximum lot coverage shall be as specified in
...... T~tle 18 for the entire bo{ property that is the
subject o__f to the subdivision application, a portion
of which is shall be assigned to each lot at the time
of preliminary 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. For all flexible lot design subdivisions
where estab!?hed vegetation of a forested nature ~s located
adi~n~ tO public 30~S ~at ~ d~Signated as collector or medal roads on the
~uffer shall be mmntmned.
the R-4.3 and R-3.5 Districts
for buffer
averaging provided in B1MC 17.04.080.A.4.f shall apply.
i. ere there is no established vegetation that
contributes to the existing forested character of these roads, a 25-foot full screen landscape
buffer ahall be planted consistent with the requirements of BIMC 18.85.070.B.l, except as noted
in subsection 4.b.ii, below. ~e ~ .... ,~. ^~,~.~ .~;~w-~ ~,
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 medal road (or within 25 feet of such a property line if
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 9
iii. For subdivisions providing 30% open space that is intended for agricultural use
and would be adversely impacted by the addition of screening landscaping, a 25-foot roadside
buffer as prescribed in section.b.i, above, shall not be required.
iv. Multiple street frontages. For properties subject to the roadside buffer
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 shall be required and all other
roadside buffers may be reduced to 25 feet, provided that the full required width 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. For all flexible lot
design subdivision, a 25-foot wide buffer shall be provided along a property line where the land
adiacent 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- Cluster Subdivision Option. When the cluster
development option is selected pursuant to BIMC 17.04.080.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 distarbance is minimized and the buffer is revegntated after
construction;
v. Non-motorized trails; and
vi. Planting of vegetation.
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 adiustments
Ordinance 2003-49 Public Heating/3ra Reading January 14, 2004 10
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.
*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.
Table II Landscape Buffer Requirements
Zoning Landscape Roadside Buffer Park & Conservation Land
District Perimeter Buffer* (Arterial & Collector~ Buffer (Required for Both
(Cluster Option Reauired for Options)
Subdivision Only) Both Options)**
R-0.4 25'-Filtered Screen 50'- Established vegetation 25'-Filtered Screen
ull Screen (OS)
R-1 25'-Filtered Screen 50'- Established vegetation 25'-Filtered Screen
ull Screen (OS)
R-2 25'-Filtered Screen 50'- Established vegetation 25'-Filtered Screen
ull Screen (OS)
(OS)
R-2.9 25'-Filtered Screen 50'- Established vegetation 25'-Filtered Screen
ull Screen (OS)
(OS)
R-3.5 1 O'-Filtered Screen 25'-Filtered(os) Screen
(OS)
_R-4.3 10'-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 required when a subdivision utilizes the cluster development option
specified in BIMC 17.04.080.A.5.
** Roadside Buffers - A 25-foot full screen buffer must be p!anted along applicable roadways
when no estabhshed vegetation exmts along the property boundary ~
Ordinance 2003-49 Public Hearing/3ra Reading January 14, 2004 11
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 17.04.082 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 prioritization of open space as
provided in BIMC 17.04.082.A through C. The following requirements shall apply to cluster
development:
.a. Homesite area.
i. In the R-0.4, R-I, 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, a homesite area with a maximum homesite
area of 7,600 square feet shall be provided for each lot 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 listed in BIMC 17.04.082. C.
ii. Homesites shall be located in cluster groupings and the efficient location of
infrastructure shall be used to maximize the undeveloped area in a flexible lot design
subdivision.
iii. To facilitate clustering, homesites of four 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, except when:
(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.
Ordinance 2003-49 Public Heating/3~d Reading January 14, 2004 12
TaS!: II
R 0.4 80°,5
R 2;p. ~ n.o ~ ~.p. ~ 2
~~ Trails
cpacc ~ca :ha!! include
cth:r cimi!~ !cg~ ~
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 13
B.~ L~dscape St~d~ds. L~dscap~g shall be established consistent wi~ the requirements of
B~C 17.04.080.A.4 ~d street ~ee plating requirements of Chapter 18.85 B~C, ~d ~
other si~ific~t ~ee retention requirement.
C. ~ Roads ~d Pedesffi~ Access Perfom~ce St~d~ds.
Ordinance 2003-49 Public Hearing/3~ Reading January 14, 2004 14
1. Existing roadway character shall be maintained where practical. This may be ~tccomplished
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. Connections to existing off-site roads which abut the subject property
shall be required where practicable, except through critical areas and/or their buffers.
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.
6. Pedestrian and bicycle cimulation 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. Special emphasis shall be placed on
providing pedestrian access to proposed recreational and/or open space areas.
Section 7. A new Section 17.04.082 is added to the Bainbridge Island Municipal Code as
follows:
17.04.082 Flexible Lot Design Open Space Standards.
Unless an applicant utilizes the cluster development option pursuant to BIMC 17.04.080.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 that enhances and promotes the natural character of the Island and open
space characteristics of the property. Open space configuration shall satisfy the. following
guidelines:
Ordinance 2003-49 Public Heating/3~d Reading January 14, 2004 15
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.
Table HI 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)
S~ Open Space in multiple
Open O~i::::iiSPi~i::~:;~ se~
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 from
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.
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 16
D. Open Space Area Requirements.
1. Required Area. The area provided 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 BIMC 17.04.082.D.4. The area provided for open space should be
consistent with the priority open space features (Table IV above).
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 watershed-open space zone in which the subdivision is located.
This option is available only for properties located in the R-2, R-2.9, R-3.5 and R 4.3 Zoning
Districts that meet the application criteria and pay the fee as prescribed in the fee in-lieu of open
space program pursuant to BIMC 17.04.083.
3. In determining the open space area 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. 2003-49 ("Open Space
Documentation"). The Open Space Documentation shall be incorporated into the record of every
subdivision application. In reviewing a subdivision application, the City shall consider the Open
Space Documentation as presumptively valid and applicable to the 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 17.04.082.D.1, the following incentive is provided
for the property:
a. Lots within the subdivision that are served by a public sewer service may have
reduced minimum lot areas below 5,000 square foot in size if the dwelling unit to be constructed
on the lot is restricted in size as follows:
i. The minimum lot area may be reduced to 4,000 square feet if the dwelling
trait for that lot is no greater in size than 1,600 square feet;
ii. The minimum lot area may be reduced to 3,600 square feet if the dwelling
unit for that lot is no greater than 1,400 square feet.
iii. Accessory dwelling units shall not be permitted on any lot that is below
5,000 square feet in size as approved by this open space incentive option.
iv. The above restrictions shall be noted on the face of the plat for each lot.
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 BIMC 17.04.080.A.4.g.
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 may be held in private ownership if established by
easements, restrictive covenants, or other similar legal means; or
2. Common Ownership. Open space may 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. If this ownership pattern is selected,
appropriate covenant, conditions, and/or restriction shall be required; or
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 17
3. Public Ownership. !n ce~a:~n c~:cu~m:mnce: 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 ~ 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
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 Bremertun-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
Chapter 16.20.
b. Storm Drainage System Use. The system must meet the design standards of
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. split rail) 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 that 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 RCW 76.09.050.
b. For open space areas that are forested and are not part of a forest management
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
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 18
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 of 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.
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 for the cost of the
maintenance.
Section 8. A new Section 17.04.083 is added to the Bainbridge Island Municipal Code as
follows:
17.04.083 Fee in-lieu of Open Space Program
A. Fee in-lieu of open space provision.
1. When an applicant cannot provide the dedicated open space within a proposed subdivision
located in the R-2, R-2.9, R-3.5 or R-4.3 Zoning Districts in accordance with the standards
contained in BIMC 17.04.082, final approval of the subdivision shall be contingent upon
payment ora fee in-lieu of open space from the applicant to the city. The fee shall be
appropriated only for the acquisition and development of open space within the same watershed-
open space zone in which the proposed subdivision is located, or within one (1) mile of the
proposed subdivision. Expenditure of such fees shall only be through capital budget and program
appropriations by the city council.
2. Fees collected pursuant to this section must be allocated to a specific open space project
within five years of fee acceptance. Any fees collected by the city that are not expended within
five years of acceptance shall be refunded with interest at the rate applied to judgments to the
property owners of record at the time of the refund.
B. Computation of fee.
1. The average assessed value shall be that for the year in which the subdivision is granted
preliminary approval. Computations shall be based on Kitsap County assessor information.
2. The fee in-lieu of open space shall be determined by multiplying the following two
factors:
a. One hundred percent of the average assessed value per acre of land within the
boundaries of the subdivision.
b. The gross land area within the subdivision multiplied by the percentage set forth in
BIMC 17.04.082.D.1.
Ordinance 2003-49 Public Hearing/3ra Reading January 14, 2004 19
Section 9. A new Section 17.04.085 is added to the Bainbridge Island Municipal Code as
follows:
17.04.085 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 17.04.080.C, shall
be satisfied, as applicable.
D. As an option, commemial and multi-family residential subdivisions may provide open
space pursuant to BIMC 17.04.082.
Section 10. Section 17.04.093 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.093 Preliminary subdivision - Review process.
A. The city's review of the preliminary subdivision application is established by Chapter 2.16
BIMC as a quasi-judicial process.
B. Subdivisions shall be reviewed in accordance with the city council decision procedures
described in the Chapter 2.16 BIMC except as provided in BIMC 17.04.095.
Section 11. Section 17.04.094 of the Bainbridge Island Municipal Code is amended as
follows:
17.04.094 Preliminary subdivision - Decision criteria.
The heating examiner's recommendation and the city council decision shall include findings of
fact that the application meets all the requirements of the following subsections.
A. The subdivision may be approved or approved with modification if:
1. The applicable subdivision development standards of BIMC 17.04.080, 17.04.082
and/or 17.04.085 are satisfied;
2_~-:. The preliminary subdivision makes appropriate provisions for the public health,
safety and general and public use and interest, including those items listed in RCW 58.17.110.
th ........... ~,.
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 20
m. Fir~ ficv:;
3._g. The preliminary residential subdivision has been prepared consistent with the
requirements of the flexible lot design ..... process and ~.~. ........................... ,
_4-3. Any portion of a subdivision -.vh:.zk that contains a critical area, as defined in
Chapter 16.20 BIMC, conforms to all requirements of that ord~nmn:;: chapter;
....... ~at~h ' '
5. The city engineer determines that the preliminary subdivision meets the following:
a. The subdivision conforms to regulations conceming drainage (Chapter 15.20
BIMC).
b. The 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 adiacent properties.
d. The streets and pedestrian ways as proposed are adequate to accommodate
anticipated traffic.
e. The subdivision conforms to the requirements of this chapter and the standards
in the "City of Bainbridge Island Design and Construction Standards and Specifications", except
as otherwise authorized by in BIMC 17.04.080.E.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;
and
7_& The proposal is in accord with the city's comprehensive plan;
B. A proposed subdivision shall not be approved unless written findings are made that the
public use and interest will be served by the platting of such subdivision.
Ordinance 2003-49 Public Hearing/3ra Reading January 14, 2004 21
prc;'!de fcr +~ prcpozefl z'-'bdi;'izicn -;,".'!! ~e aYail~.bl: when needed;
public .... ~., ................... ~ ....... ~ ...... ~, ~ ....... ~pc: ~.,
Section 12. Section 17.04.110 of ~e Bainbridge Isled M~icipal Code is ~ended ~
follows:
17.04.110 Dedications.
In order to meet the health, safety ~d welfare needs of the public ~d mitigate the impacts of ~e
proposal, ~e director or city engineer may condition approval of the subdivision upon
dedications for p~ks ~, &~nage ways, other public ways, water supplies, s~it~
waste facilities, p~ks, play~o~ds, site protection of chtical ~eas, ~d o~er needs of the public
as long as such dedication does not consti~te ~ ~constitutional t~ing of private prope~y. (See
also Chapter 12.30 B~C.)
Section 13. Section 17.12.070 of ~e Bainbridge Isled Municipal Code is mended ~
follows:
17.12.070 Prelimin~ subdivision - Desi~ assist~ce.
A. The subdivision process shall provide oppo~ties for o~ers of l~d ~d ~ek
representatives to receive desi~ assist~ce from ~e dep~ment's staff members prior to fomal
submittal of ~ application.
B. Flexible Lot Desi~ H~dbook. A Flexible Lot Desi~ H~dbook shall be prepped by
the director to assist applic~ts in ~e pr~aration of flexible subdivision desi~s ~d applications
for residential subdivisions. The Flexible Lot Desi~ H~dbook shall not be p~ of the ordinate
codified in t~s chapter and sh~l cont~n no requirements sep~ate ~om ~e text oft~s chapter.
The applic~t for a residential subdivision is enco~aged to prep~e a proposed or "first &afl"
site pl~ following ~e st~s described in ~e Flexible ~t Desi~ H~dbook.
C. Preapplication Conference. To provide infomation regmding the desi~ process for a
proposed subdivision, a preapplication conference shall be required prior to prelimin~
subdivision review for all subdihsions in accord~ce wi~ ~e p~ose ~d procedures of B~C
2.16.035. The applic~t is enco~aged to provide prgap~!~cadcn :'abmfftal :kal! ~nz?ad: copies of
at least one proposed or "first ~aR" composite site pl~ pr~ared in accord~ce with flexible lot
desi~ methodology as pr:::~:~ described in the Flexible Lot Desi~ H~dbook for the
preapplication conference.
Ordinance 2003-49 Public Heating/3rd Reading January 14, 2004 22
Section 14. Section 17.12.090.A.2.c of the Bainbridge Island Municipal Code is
amended as follows:
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 setback in R-4.3 and 3.5 only
All others Minimum 15 feet setback
iv. Building to Trail, Open Space or Access Easement
(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.
Section 15. Section 17.12.090.A.4.b of the Bainbridge Island Municipal Code is
amended as follows:
b. Roadside Buffers. Where established vegetation of a forested nature 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 in BIMC 17.12.090.A.~.4.f shall apply.
Section 16. Section 17.12.090.A.4.e of the Bainbridge Island Municipal Code is
amended as follows:
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 afmr
construction;
v. Non-motorized trails; and
Ordinance 2003-49 Public Hearing/3ra Reading January 14, 2004 23
vi Planti g ofvegetatio
Section 17. Table II in Section 17.12.090 of the Bainbridge Island Municipal Code is
amended as follows:
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'-~ 25'-Filtered Screen
Established Vegetation (OS)
R-1 25'-Filtered Screen 50'~ 25'-Filtered Screen
Established Vegetation (OS)
R-2 25'-Filtered Screen 50'-Kqt~-ed-ge~ee~ 25'-Filtered Screen
Established Vegetation (OS)
(OS)
R-2.9 25'-Filtered Screen 50' F:.!tere~ Screen 25'-Filtered Screen
Established Vegetation (OS)
(OS)
R-3.5 10'-Filtered Screen 40'-F'2tzre~ Screen 25'-Filtered Screen
Established Vegetation (OS)
(OS)
R-4.3 10'-Filtered Screen 40'~ 25'-Filtered Screen
Established Vegetation (OS)
(OS)
(OS) 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.
Section 18. Section 17.12.092.D.2 of the Bainbridge Island Municipal Code is amended
as follows:
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 watershed-open space zone in which the subdivision is
located. This option is available only after ~*'~..~ ~.~.,~:"' ~-vr-~"~^~'~ ~'~-~ ~ -. :~ !~eu ~rc. gram an~ for
properties that meet the application criteria and pay the fee as prescribed in the fee in-lieu of
open space program pursuant to BI/VIC 17.12.093.
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 24
Section 19. A new Section 17.12.093 is added to the Bainbridge Island Municipal Code
as follows:
17.12.093 Fee in-lieu of Open Space Program
A. Fee in-lleu of open space provision.
1. When an applicant cannot provide the open space area within a proposed subdivision in
accordance with the standards contained in BIMC 17.12.092, final approval of the subdivision
shall be contingent upon payment of a fee in-lieu of open space from the applicant to the city.
The fee shall be appropriated only for the acquisition and development of open space within the
same watershed-open space zone in which the proposed subdivision is located, or within one (1)
mile of the proposed subdivision. Expenditure of such fees shall only be through capital budget
and program appropriations by the city council.
2. Fees collected pursuant to this section must be allocated to a specific open space project
within five years of fee acceptance. Any fees collected by the city that are not expended within
five years of acceptance shall be refunded with interest at the rate applied to judgments to the
property owners of record at the time of the refund.
B. Computation of fee.
1. The average assessed value shall be that for the year in which the subdivision is granted
preliminary approval. Computations shall be based on Kitsap County assessor information.
2. The fee in-lieu of open space shall be determined by multiplying the following two
factors:
a. One hundred percent of the average assessed value per acre of land within the
boundaries of the subdivision.
b. The gross land area within the subdivision multiplied by the percentage set forth in
BIMC section 17.12.092.D. 1.
Section 20. Section 17.16.070.A.2 of the Bainbridge Island Municipal Code is amended
as follows:
2. Lot setback and dimensional requirements.*
a. All lots shall be 50 feet as measured at the minimum lot width measurement line
(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 of a 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 Building (on-site) Minimum 10 feet separation
ed. Building to subdivision boundary
Minimum 15 feet
Minimum 25 feet (R-0.4 only)
_fe. Building to Right-of-Way:
Ordinance 2003-49 Public Heating/3~a Reading January 14, 2004 25
Arterial (other) Minimum 50 feet setback
Collector Minimum 50 feet setback
All others Minimum 15 feet setback
g ~:. Building to Trail or Access Easement Minimum 10 feet setback
h g. Maximum Lot Coverage The maximum lot coverage
as specified in BIMC Title 18.
Section 21. Appendix B(1) of Title 17 of the Bainbridge Island Municipal Code is amended
as follows:
SUBMITTAL REQUIREMENTS FOR SUBDMSIONS
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
Preapplieation Proposed Site
Review. Plan Consisting
Residential of: The followine information
subdivisiens.
A. Base Map. The purpose of the Drawn or printed on durable should be provided on the ba,e
base map is to material (mechanically map if known:
consolidate existing reproducible). 1. North arrow and scale;
characteristics of the
site and existing on-site 2. Name, address and phone
conditions, number of the owner of the
subject property, or the
authorized representative;
3. Subject property
boundaries;
4. Total acreage;
5. Topography with a contour
interval of no less than five
feet (slopes which exceed
15 percent shall be
identified);
6. The location of all
utility and/or conservation
easements) located on the
subject property;
7. The location and names of
roads and rights-of-way,
easements, bicycleways,
greenways, and trails
located on-site, or in close
proximiiy to the subject
property;
8. The location of all utilihes
(water lines or wells, sewer
lines or sephc systems,
power and/or telephone
lines) located on the subject
property;
9. The location of all bodies
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 26
Process Step and Required Items Purpose Form Contents
~pe of and Materials
Subdivision
of water (including streams,
drainage course, and/or
wetlands) located on
subject property, or vdthin
150 feet of the subject
property;
10. The approximate location
and size of existing
stcucmres located within
100 feet of the subject
properS;
11. City of Bainbridge Island
zoning and comprehensive
plan designation for the
subject properly (shoreline
designations shall be
included if applicable);
12. Existing land uses on both
the subject property (if
applicable) and all adjacent
properties;
13. All areas of identified
historical importance
located on the subject
property or adjacent
properties, such as
structures listed on the
National Register for
Histefic Places and the
1987 Bainbridge lsland
Historic Survey, as
prepared by the
Washington State Office of
Archeology and Historic
Preservation;
14. Wellhead protection areas
on or affecting the subject
property.
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 27
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
the surrounding area, (providing that the overlay a. All critical areas and
and provide a graphic is prepared on a transparent their associated buffers
portrayal of areas in material). (as defined in BIMC
which development Title 16) located on the
may not occur ('~no- subject property, and, if
build zones") or may possible, those located
occur with restrictions within 100 feet of the
"restricted building subject property (aerial
zones"), photographs or studies
prepared for adjacent
properties may be used
to preliminary assess
off-site critical areas);
b. Wellhead protection
areas on or affecting the
subject pmpe,,'ty and all
other easements,
setbacks, or buffer areas
which limit
development;
c. Dedicated open space
located on the subject
property.
2. "Restricted building zones"
(depicted in such a manner
as to be graphically distinct
from "no-build zones"):
a. Areas of significant
located on the subject
property, or on any
adjacent properties
located within 100
feet of the subject
property.
C~. ~ Proposed To illustrate the design Alternative configurations The following information
Design proposals during the shall be graphically should be provided on the
Elements preapplicatlon indicated on a copy of the proposed design rr~p if known:
established consultation vdth the base map, or as an overlay
as required department staff attachment to the base map 1. Open space location(s)
pursuant to members. (providing that the overlay (prepared consistent with
BIMC is prepared on a transparent the process contained in
17.04.080 material). B IMC 17.04.075).
Flexible Lot
Standards 2. Residential homesite
(Composite location(s) and lot lines
Site Plan). (prepared consistent with
the process contained in
BIMC 17.04.075).
3, Location of individual or
community water supply
and septic systems
(prepared consistent with
BIMC 17.04.075).
4. Provision of roads and
access (prepared consistent
with the process contained
in BIMC 17.04.075).
Ordinance 2003-49 Public Hearing/3~ Reading January 14, 2004 28
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
17.~..~75.
Commercial and the basis during the reproducible), map if known:
members. To assist the number of the owner of the
applicant and the city subject property, or the
building locations,
feet (slopes which exceed
15 percent shall be
identified);
easements) located on the
subject property;
7. The location and names of
roads and rights-of-way,
proximity to the subject
lines) located on the subject
property;
water (including streams,
wetlands) located on the
subject property, or within
150 feet of the subject
property;
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 29
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
10. The approxirmte location
and size of existing
structures located within
100 feet of the subject
properS;
1 I. City of Bainbridge Island
zoning and comprehensive
plan designation for the
subject property (shoreline
designations shall be
included if applicable);
12. Exishng land uses on both
the subject property (if
applicable) and all adjacent
properties;
13. All areas of identified
historical importance
located on the subject
proper~ or adjacent
properties, such as
s~uctores listed on the
National Register for
Historic Places and the
1987 Bainbridge Island
Historic S¢rvey, as
prepared by the Washington
State Office of Archeology
and Historic Preservation;
14. Wellhead protection areas
on or affecting the subject
property.
Preliminary A. Preliminary To submit a Map drawn on a minimum I. The name of the proposed
subdivislon Plat. preliminary plat for I 1-inch by 17-inch paper to subdivision;
application review in order to scale no less than one inch
review, obtain the permit for to 100 feet. The horizontal 2. The legal description of
All subdivisions, preliminary and vertical scales for street land confined within the
subdivision, and sewer plans and profiles proposed subdiv/sion, and
shall be those established by any ancillary easements;
the city engineer,
3. Assessor's maps showing
the subject property and
property ownership within
300 feet of the boundaries
of the proposed
subdivisions (or boundaries
of the proposed subdivision
(or boundaries of the
applicant's land, if any land
within 300 feet of the
proposed subdivision is
also ovmed by the
applicant); the assessor's
number of each identified
property; the current
mailing address (on mailing
labels) of the owner of each
property within 300 feet, as
contained in the records of
the county assessor;
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 30
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
4. The name, address and
telephone number and seal
of the registered land
surveyor or professional
engineer who prepared
preliminary plat documents;
5. Topography with a contour
interval of no less than five
feet;
Number of lots, average lot
size;
7. Lots labeled alphabetically,
each lot shall designate the
proposed homcsite; (Plats
dcsimaed oursuant to the
Cluster Develooment
Ootion shall desienate
horr~sites with a maximum
area of 10.000 sauare feet
or 7.600 souare feet for R-
3.5 and R-4.3):
8. A description, by map or
text, of the route or routes
of vehicular and pedestrian
access to the property; the
existing right-of-way and
conditions of the access
routes, and applicant's
proposed improvements,
shall be mapped or
described in sufficient
detail to enable the city to
determine their adequacy
and safety;
9. A layout of proposed streets
and alleys, including
preliminary profiles, and
any tracts proposed to be
dedicated or reserved for
public or common use;
10. Proposed method of water
supply, with a certificate of
water availability from the
proposed water purveyor, if
any, and a statement from
the health officer that the
proposed domestic water
supply meets applicable
health standards;
11. Proposed method of sewage
disposal with a certificate
from the agency providing
sewage disposal, if any, of
system adequacy to accept,
treat and discharge effluent
from the proposed
development, or a
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 31
Process Step and
Type of Required Items ~urpose Form Contents
and Materials
Subdivision
preliminary statement from
the health officer that the
proposed disposal method
is likely to meet applicable
health standards;
12. Any reports, studies or
required by Ordinance 92-
07, critical areas, codified
in Chapter 16.20 BIMC;
13. In subdivisions proposed to
be served on-site sewage
disposal, the location of soil
log holes together with data
regarding percolation rate
as required by the health
officer;
14. A building site application
(BSA) shall be submitted,
and include as a minimum
the proposed building
footprint and positioning of
sewage disposal facilities;
15. The location of all property
to be dedicated when
applicable.
16. A preliminary copy of
dedications and/or
proposed;
17. Soillogs, ifappropriate;
18. A conceptual storm water
plan illustrating thc
proposed means of storm
water runoff disposal;
19. Environmental checklist or
20. Tideland or shoreline
order in which divisions are
Ordinance 2003-49 Public Heating/3rd Reading January 14, 2004 32
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
plat being clearly shown in solid
lines to avoid ambiguity.
B. Preliminary Reouired for plats not Consistent with the requirements
oven st~ace using cluster of BIMC17.04.082.H
manaeement development ontion of
plan. B1MC 17.04.080.A.5.
C. Simaificant Identify sienifieant Prepared consistent with the Identification of all significant
Tree/T~e trees and/or significant reouirernenll of BIMC trees or tree stands to be
Stand tree stands to be 18.85.060 and submittal ~reserved within the olat.
Retention Plan. preserved within the reouiremenll of BIMC
Final A. Final Plat. To complete the a. The first sheet shall be All the elements required for
subdivision subthvision process, drawn on a mylar preliminary subdivision and the
application sheet which may be following:
review, purchased at cost from
All subdivisions, the engineer. I. Tae perimeter (which shall
Subsequent sheets be shown by heavier lines)
shall be drawn on, of 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, perimeter and all loll;
b. A line shall border
each sheet having a 3- 3. Ties to permanent
inch margin on the left monuments;
side (which shall be an
18-inch side) and a 4. Controlling reference points
0.5-thch margin on the or monuments;
remaining tbeee sides:
the lower right-hand 5. The bearing and length of
corner of the sheet lines;
obtained from the
engineer. 6. Origin of meridian or basis
c. Drawn to scale no less of bearings;
than one inch to 100
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
d. Three copies of the maximum number of
final plat are required, primary dwelling units
allowed on that parcel. This
number shall be designated
on each individual title;
8. All parcels designated if
applicable.
9. A tire insurance report,
confirming that the tire to
the land in the proposed
subdivision is vested in the
signatures appear on the
plat;
10. A completed city of
Bainbridge Island
subdivision application
form.
Note: When appropriate, in
Ordinance 2003-49 Public Hearing/3rd Reading January 14, 2004 33
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
accordance with RCW
36.70A.060, the final subdivision
shall contain a notice that the
subject property is on or within
300 feet oftands designated
agricultural lands, forest lands or
mineral resource lands.
Section 22. Preapplication Review Short Plats in Appendix B(2) of Title 17 of the
Bainbridge Island Municipal Code is amended as follows:
SUBMITTAL REQUIREMENTS FOR SHORT SUBDIVISIONS
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
Preapplication Proposed Site The purpose of the base Drawn or printed on durable The followin~ infornmtion should be
Review. Plan Consisting map is m consolidate material (mechanically provided on the base mat> if known:
Short Plats off existing characteristics of reproducible). 1. North arrow and scale;
the site and existing on-
A. Base Map. site conditions. 2. Name, address and phone
number of the owner of
the subject property, or
the authorized
representative;
3. Subject property
boundaries;
4. Total acreage;
5. Topography with a
contour interval of no less
than five feet (slopes
which exceed 15 percent
shall be identified);
6. The location of all
easements (such as access,
utility and/or conservation
easements) located on the
subject property;
7. The location and names of
roads and rights-of-way,
easements, bicycleways,
greenways, and trails
located on-site, or in close
proximity to the subject
property;
8. The location of all utilities
(water lines or wells,
sewer lines or septic
systems, power and/or
telephone lines) located
on the subject property;
9. The location of all bodies
of water (including
streams, drainage course,
and/or wetlands) located
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 34
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
on the subject property, or
within 150 feet of the
subject property;
10. The approximate location
and size of existing
structures located within
100 feet of the subject
proper~y;
11. City of Bainbridge Island
zoning and con~rehensive
plan designation for the
subject property (shoreline
designations shall be
included if applicable);
12. Existing land uses on both
the subject property (if
applicable) and all
adjacent properties;
13. All areas of identified
historical importance
located on the subject
property or adjacent
properties, such as
structures listed on the
National Register for
Historic Places and the
1987 Bainbridge Island
Historic Survey, as
prepared by the
Washington State Office
of Archeology and
Historic Preservation;
14. Wellhead protection areas
on or affecting the subject
property.
Ordinance 2003-49 Public Hearing/3Td Reading January 14, 2004 35
Process Step and
Type of Required Items Purpose Form Contents
and Materials
Subdivision
property and the map (providing that the overlay a. All critical areas and their
surrounding area, end is prepared on a transparent associated buffers (as
provide a graphic material), defined in BIMC Title 16)
portrayal of areas in located on the subject
which development may property, and, if possible,
not occur ("no-build those located within 100
zones") or may occur feet of thc subject pmper~
with restriction (aerial photographs or
("restricted building studies p~pared for
zones"), adjacent pmpeaies may be
used to preliminary assess
o fl;site critical areas);
b. Wellhead protection areas
on or affecting the subject
property and all other
easements, setbacks, or
buffer areas which limit
development;
c. 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 from
"no-build zones"):
b. Areas of significant trees
and vegetation located on
the subject property, or on
any adjacent properties
located within 100 feet of
the subject property.
C~ 5. Proposed To illustrate the design Alternative configurations shall The followin~ information should be
Design Elements proposals during the be graphically indicated on a orovided on the t~rooosed desires mun
established as preapplication conference copy of the base map, or as an if known:
required pursuant with the department staff overlay attachment to the base 1. Open space location(s)
to B1MC members, map (providing that the overlay (prepared consistent with the
17.12.090 is prepared on a transparent process contained in BIMC
Flexible Lot material). 17.12.080).
Standards
(Comnosite Site 2. Residential homesite location(s)
Plan), and lot lines (prepared
consistent with the process
contained in B1MC 17.12.080).
3. Location of individual or
community water supply and
septic systems (prepared
consistent with the process
contained in BIMC 17.12.080).
4. Provision of roads and access
(prepared consistent with the
process contained in BLMC
17.12.080).
rd
Ordinance 2003-49 Public Hearing/3 Reading January 14, 2004 36
Pracess Step and
T)~e of Required ltem~ Purpose Form ConJent$
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.
Januc~'y
Section 24. This ordinance shall take effect on 26 aner its passage, approval and
publication as required by law.
PASSED by the City Council this 1 ~da clay of January, 2004.
APPROVED by the M. ayor
DARLENE KORDONOWY, Ma~_/)
ATTEST/AUTHENTICATE:
gUE P. KASPI~R, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: September 30, 2003
PASSED BY THE CITY COUNCIL: Jann~ry 1~, 2004
'PUBLISHED: .. Ja. Dllary 21, 2004
EFFECTIVE DATE: Jan,,~ry 26, 2004
ORDINANCE NUMBER: 2003-49
Ordinance 2003-49 Public Hearing/3~a Reading January 14, 2004 37