ORD 2007-26 AMENDMENTS TO THE WINSLOW MASTER PLANORDINANCE N0.2007-26
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the Comprehensive Plan; (a) amending the Land Use
Element (FRW 2.3, LU 4.1, Goal 4,OS Goal 12, OS 2.1, OS 2.4, OS
2.6 and "Comprehensive Plan Framework" sections of "Housing,"
Chapter 3) and adding new policies LU 4.1, 4.3 and 4.4 to the Land
Use Element and section of the Winslow Master Plan; and (b)
amending the Environmental Element (FW 1.3, Greenways, and AG
1.1 and 1.2) of the Comprehensive Plan, relating to the transfer of
development rights program.
WHEREAS, the City of Bainbridge Island (the "City") adopted a Comprehensive Plan on
September 1, 1994, which establishes the long range vision for the Island and identifies the
important characteristics that the community desires to retain, promote and foster; and
WHEREAS, the City adopted an updated Comprehensive Plan on December 8, 2004 (the
"Comprehensive Plan"); and
WHEREAS, the City's Comprehensive Plan, as required by the Growth Management
Act, includes a Land Use Element, Winslow Master Plan Sub Element, and Environmental
Element, as well as other required and optional elements; and
WHEREAS, the City's Comprehensive Plan promotes and establishes a transfer of
development rights program as an innovative planning tool that encourages development right
transfers as a method of conserving areas and promoting development in suitable areas; and
WHEREAS, in 2006 the City commissioned a review of the transfer of development
rights program in order to that recommend methods to improve the program; and
WHEREAS the City intends to improve the effectiveness of the transfer of development
rights program in conserving priority open space and transfer development. rights to appropriate
areas; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, AS FOLLOWS:
City Council Final, November 28, 2007 Page 1
Section 1. Policy FRW 2.3 of the Land Use Element of the City of Bainbridge Island
Comprehensive Plan is amended to read as follows:
"FRW 2.3
Phasing mechanisms and/or incentives should be developed to promote the timely
and logical progression of commercial and residential development.
~'~ D«;.,«;+., ~L,l,,,l
~-vc-
3~=e
io + ,~,
,..,,,+ 1.,
-vo~
i
t6 th
ia° .,.a ,;~
virr
g
,~e~S ~I~
~
r
l
c
r
i}E
--l
n
i
~
~1
m`
l
' i~
f3t--
~~
-
Ii
}
~
~
~
~
3e-
S E6zic~
e
~
a~e
.
~
- ~
e
~y
e
S
E
H
E
~66rP°r'T'~ P"c~'1~
.70.,01.,,,.,,x„+ , .;+L,;,, +l,o ,,,-l,~„ ~, „ta« Ul,.,~;,,,, .,,o.,l,~,~;~,-„~ ,. „l.l ,.l,,.a o ,~ ..,,,;+
~i «;+., rn,. e~e
-~n-~~~
l
~ ti-Ii-~;,~•T TTIA~
~
d
~
f
-
~ „«
ia
c
s
s
re~
i-lil
+
~-th
-
'
b
d
b
d ~
e
~~
;
e~e
ec
s-
~
+;.,.,.,1
--
~
~t
'°
nu
t
' ~zc
+.,
`
t
~ privrT
irke
--6
e
a
b
-
~Se
--I
~
*~
l
d
' y
O
l
~l6
l~
~--
~
r
civrnn-Tnc2l
{
d-
l
~d~
-
d
t
~
# i
i ~
cs~v
)'
eP
~-
a~g
s
~
~~g~p~r~ ~~
s
~e
e
pursue
-
~a~Te
e }
Section 2. General Land Use Goal 4 and polices of the Land Use Element of the City of
Bainbridge Island Comprehensive Plan are amended to read as follows:
"GOAL 4
Prioritize program foals and establish and maintain hla~nn~in~ tuuls,
including a s#~ul purchase and transfer of development rights program
that te-implements the goals and policies €e~t~he-p~^''°°° ~D"r'°' °~a
of this Plan ~ an,t1 allu,~~~
transferring development rights from areas intended for conservation, and
promoting development in areas suitable for development.
LU 4.1
The Citv should slrt~l=1 develop a Transfer of Development Rights (TDRI nro~ram
which establishes requirements and procedures for transfer of development rights
from sending areas to receiving areas. The TDR program should contain
provisions for the sale and purchase of development rights.
LU-4:1-LU 4.2
The City recognizes the need to take a proactive role in the purchase and transfer
of development rights; ~~~~ ~ and such" r hr~~,gr,:.~» should include:
1) Desi~natin~ appropriate staff resources to promote the program:
2-1) Providing for tThe outright purchase of development rights by the City; and
~ establishing a fund for The banking e~development rights; and
3) Creating a mechanism that coordinates the The-Eeerd~nen~thc~i~;
purchase and transfer of development rights.
lliscussion: This policy sho~ild be undertakenonlti afterimpletnt~ratati~.~n ~}f Policy
LU~~.3has been completed and`t$e ~I~DiZ ~ru.~~ra7~l lit~s been ~l~t~rminc~l tu_b
fzasible.
City Council Final, November 28, 2007 Page 2
LU 4.3
The City shiuul~f _sl}a~ undertake a study to identi and prioritize areas (or
resources) of the Island that are valued by the community and are appropriate for
conservation through the purchase and/or the transfer of development rights
(TDR) program. These areas or resources shall be identified as appropriate
"sending areas" in the TDR pro rg am.
Discussion: Appropriate sending areas for example, could contain sensitive lands
that are notprotected by the critical areas regulations, priority links in the Wildlife
Corridor, priority open space lands, or historic resources. Determination of
annrooriate sending areas should also be coordinated with the development of an
Island-wide open space plan.
LU 4.4 Moved from OS 2.6)
The City sl~~~ul~l yl~al4 initiate an outreach program to educate property owners and
potential buyers about the use of the Purchase and Transfer of Development
Rights pro ram."
Section 3. Residential Open Space Goal 2 and policies of the Land Use Element of the City of
Bainbridge Island Comprehensive Plan are amended to read as follows:
"OS GOAL 2
Create a Critical Areas Overlay District to protect sensitive areas through
TDRs, flexible lot design, and through reducing development pressure within
the open space area.
OS 2.1
The Critical Areas Overlay District is designated for areas which may have
limited development potential due to environmental sensitivity, including critical
aquifer recharge areas, and priority wetlands. These areas should be included as
primary sending areas for TDRs. These areas will be shown on the Land Use Map
as a Critical Areas Overlay District.
Discussion: Under the Agricultural Lands policies, a farm owner outside of the
designated TDR-Sending Area would be able to opt into the TDR program. (See
Agricultural Lands Policy.)
OS 2.4
Properties within the Tn" c°r~'~^? ^ r°~ Critical Areas Overlay District retain the
underlying zoning, but are subject to the requirements of the Overlay District. The
Overlay District is intended to encourage a pattern of development which will
protect and enhance the sensitive areas. The property owner may choose one of
several techniques to realize development potential on the site:
1) An applicant may choose to use the Flexible Lot Design .Process to
accommodate innovation, creativity, and design flexibility, and to achieve a level
City Council Final, November 28, 2007 Page 3
of environmental protection that would not be possible by typical lot-by-lot
development. ,
do„~;+., . .; 11 1.0 o~+.,i,l;~l,0.7 ., 0 1,<. ~. o t..<o;0 1,..~.arl ~„~, +1<0 ~. ~.;+<,
^~~~ but shall not exceed the underlying base density.
2) An applicant may choose to transfer the development rights of the parcel to
preserve the land as open space. Under this option, the development rights would
be calculated assuming the development potential allowed by the zoning district
oai,.,;+~,.ln~
sFec~€red--reEei~~i-rrg--areas--T~~~F~~~~eu~dze~>ai-x ~ r +~he,
mod-
TL.o (';+< X1,,,11 ;+:.Lro L.+ro~..l, +.. o,l,,,..<+o o.-+< .,1.,, ,+ +L,o
L LLVZiII J'~ JIILi11 llIIGL o
Section 4. The "Comprehensive Plan Framework" section of "Housing," Chapter 3 of the
Winslow Master Plan, sub-element of the Land Use Element of the City of Bainbridge Island
Comprehensive Plan is amended to read as follows:
"COMPREHENSIVE PLAN FRAMEWORK
The Comprehensive Plan contains policies that address the supply, type, and
affordability of housing. Policies also indicate the role that Winslow will play in
accommodating new growth.
Policies call for the city to provide a fair share of affordable housing in the
county, using its regulatory process and ability to bring together a combination of
public and private resources. Policies also recognize the need to maintain the
existing stock of affordable housing, a portion of which consists of mobile homes
that may be subject to redevelopment pressures: The Comprehensive Plan makes
a commitment to increasing the supply of multiple family housing, both market-
rate and rent-assisted, and indicates that affordable housing should be dispersed
throughout the community. Policies also indicate that the City will streamline its
City Council Final, November 28, 2007 Page 4
regulatory process and facilitate the provision of housing for populations with
special needs.
Within Winslow outside the Mixed-Use Town Center and High School Road
Districts in the areas that are zoned for single family development, new housing
will likely take the form of additional single family units and accessory dwelling
units.
In theory, the amount of vacant and underdeveloped land should be sufficiently
large to accommodate the projected growth in housing units, assuming that
development will be built to the maximum permitted under City zoning.
However, it is not certain that new development or redevelopment will be using
the maximum densities permitted. Some developers may not wish to participate in
the FAR bonusing system or provide additional affordable units. If most
individual projects in the MUTC and High School Road Districts were built only
to the basic allowable densities, then all vacant and underdeveloped land would
have to be used to meet projected housing needs; this is not a likely prospect. To
meet the demand for housing over the next fifteen years, there will need to be
development that exceeds the base densities for those districts.
In order to facilitate this, the City has recognized the need to allow increased
density within the Mixed-Use Town Center. This is accomplished by allowing
density bonuses for various combinations of density transfers, provision of
affordable housing, provision of infrastructure beyond what is required to mitigate
a project's impacts, and provision of public amenities.
This concept of increasing housing density is intended to be a part of an overall
set of techniques to encourage forms of housing that can provide options for
various households in the town center. Other techniques permitted by the City
include accessory dwellings, flexible lot design development, cluster development
and mixed use."
Section 5. Fish and Wildlife Policy FW 1.3 of the Environmental Element of the City of
Bainbridge Island Comprehensive Plan is amended to read as follows:
"FW 1.3
The protection and enhancement of priority habitat shall be one of the criteria
used when evaluating the preservation of open space as part of development
techniques, such as clustering, flexible lot design subdivisions, and ^r°oi
transfer of development rights (TDRs)."
Section 6. Agricultural Lands Policies AG 1.1 and AG 1.2 of the Environmental Element of the
City of Bainbridge Island Comprehensive Plan are amended to read as follows:
City Council Final, November 28, 2007 Page 5
"AG 1.1
Owners of farms should have the option of participating in the transfer of
development rights (TDRs)/purchase of development. rights (PDRs) program. A
set of criteria should be developed to determine farms appropriate for the TDRs
program.
rr~
~
--(~
~
-
S
;D;
~T
" ~es~ec~r' e~--e ~tl~iT;~emenz
o
paee
e
s
a
-~~~en--
~e-u~s
z
--
~
'
t
~
`
t
m '-~
~e- I~'iS~••+ T
- is-c
c
~H~-irr2
136
9Et
k
e
tt'tl: 8
3ft~
e~ P
FTTID~ .,,,.a DT1D~ ,. ,; .1°~ ~ ,-,Y,°r~ ^ ~ 1-,<, „ 2
~
:),;r_1 t„ „+:1;.~° c~
~,~
tL,° rl°..°1~,..,,-.°.,t
`~~~ ~~
i
i
i
~
~
t
t
~-
t~
c
ni S-
O~^ •
i2~ sic
2f6~
i~3~
z
x =
3eii2i
~nC
E6$
8
~
hi ti-ixt-vr
pv
-~~~
~
~
~
f
`
c
t
~ p
c~
T'L,°,-° ,
~'
l ,
„l.1 l~,° ., ~.l°
c~
ru
e'~-
e e~lii
9
2
e
rrr~rrT
Ar
3-vP2
TTII? „L,:..L, ,lrl .,l,,.l° „rl;,,rt .
g
z~
°^r_ th~° °«t;°~ l., .,r°.a
TTIU c°.,,-1;,,,. A r°^ !1„°,-1.,,, Tl;~t,-;,.t ,°ll ~ t1,~,~° f ,-„,° ,-~ ~,,,t~;rl° ~,f tl~°
Tl;~tr;..t ,,,L,~, ..,,t ;.,t., tl,° ,~
AG 1.2
The City should examine whether identifying specific areas on the Island as
appropriate for future agricultural operations ^^~' ^^ ^^*°„t;^' T'ar' ^°„a;^„ ^r°^°
would provide viable opportunities for new and expanded farming operations.
Discussion: Creating a specific area or areas for future agricultural operations
aims to limit conflicts with residential uses ~~ °"°^' ^°°^~ and would provide an
opportunity for farm operations within the area to share resources such as farm
equipment, processing facilities, retail sales area, and road access. g~°.
Section 7. If any section, sentence, clause or phrase of this ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
fl
1
City Council Final, November 28, 2007 Page 6
Section 8. This ordinance shall take effect on and be in force five (5) days from and after its
passage, approval,. and publication as required by law.
PASSED BY THE CITY COUNCIL this 28`" day of November 2007.
APPROVED BY THE MAYOR this 30"' day of November 2007.
Darlene Kordonowy, Mayor
ATTEST/AUTHENTICATE:
~-n~vY~l~: 1 ~5_ ~"
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
October 2, 2007
November 28, 2007
December 5, 2007
December 10, 2007
2007-26
City Council Final, November 28, 2007 Page 7