ORD 2009-06 HOUSING DESIGN DEMONSTRATION PROJECT
.- ...1
.. -.. -. -. 1
- j
!
. J
- .
ORDINANCE NO. 2009-06
HOUSING DESIGN DEMONSTRATION .PROJECT .
. An ordinanc~- establishing. housing demonstration project~, with
ilUlovative design to result in a diversity of size and ownership,.
and. sustainable .design.. among new. development; amending
Sections 2~ 16.035, 2.48.040, 2,48.050, 17~04.094, 18.41 ~020,
18.81.040, 18.105.060, 18~ 108.040 .and 18~ 120-.1.10 of the
Bainbridge Island Municipal Code;:.,and ,adding a new Chapter
18.38 to the Bainbridge Island Munic,ipal Code.
....1
WHEREAS, the City, .of Bainbridge I,s~and. has the. auth.ority to adopt zoning, provisions
pursuant to .RCW 36~ 70A.,390; and
- WHEREA.S, "Goall of.the -Housing. .Element of.the Comprehensive. Plan is to "promote
and maintain a variety of housing choice~ to meet the needs of present and future Bainbridge
residents at all :economic segments... "; and
WHE~AS, the Land .Use .Element of the Comprehens,ive Plan establishes goals and
polices to encourage sustainable development;..~cf..
WHEREAS, standard zoning. pr~ctices may limit the ability of developers and builders
. .
to provide. the type of_diverse h~using that is compatible.wi~in existing single-family and multi-
family neighborhoods in the City of Bainbridge Island; .and
. .
WHEREAS, th~ City Coup.cil. has determined that there is a need to .encourage
innovative ~ousing de~o~stration. projec'ts and to. test changes in development regulations to
allow for the,.constructi<?n of a diversity of housing types; and
WHEREAS, on January 8., .~009, the Planning Commi~sion held ,a public hearing on this
chapter to implement the recommendation;,and
WHEREAS, the City Council has held 1 st and 2nd readings to consider this ordinance;
now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.
as follows:
Section 2.16.035 of the Bainbridge Island Municipal Code is amended to read
"2.16..935 Preapplication procedure.
A. A preapplication conference may be scheduled by the department
director for any type of land use application, but is required prior
to submitting an application for the following permits:
Regular conditional use;
Regular variance; .
Site plan and design review-approval;
. Preliminary subdivision (long plat) and short subdivision (short
pl~t); .
. Shoreline .substantial development and. shoteline conditional use
perrilit;.. .
Planned unit development;
Ctimprehensive plan amendment; and
Consolidated project review.
.. B.
A .preapplication conference for a conditional use. perrilit, variant~e,
site plan and design review, shoreline substantial development
permit or shoreline conditional use permit may be waived in
.""Writing'by the director of..planning and community, development if
the director detenrtines the following:
1. The application is consistent with applicable codes and
ordinances;
2. The proposed use is clearly listed. as a permitted use in the
zoning district in which it is 'located;
3. The proposal is exempt from review. under the Stilte
Envirollmental Policy Act (SEP A);.: .and .
4. The 'applicant demonstrates knowledge. and understanding of
the cities permit processing procedures.
': C~ An. applicant: shall arrange ..fot a. preapplication conference by
submitting .forms and plans ..as' prescribed by the applicable .land
use applications. 'For - Housing Design Demonstration Proiects
authorized under Chapter 18..38 BIMC't the applicant shall submit
additional. . information for the preapplication conference as
outlined in BIMC 18.38.050.. As.established by the city couricil by
resolution, a fee for a preapplication conference shall be chargedt
D.
The preapplication conference is an informal discussion betweeh a
potential applicant, interested citizens.1 and--city staff~ and the
Design Review Board (if applicable) regarding a proposed project
.r..~"?']
t..._-
. .J
.1
2
Section 2.
follows:
A preapplicatio.n conference shall :.not include .extensive field
inspection or . correspondence. The purpose of the~ preapplication
conference is to assist the applicant by identify jng.the, following:
. 1. . Requirements .for submittal,. in91uding - types.. of permits
necessary to complete the: prop.osal and whether SEP A review
is required, pursuant to the State Environmental Policy Act
(SEPA), Chapter 43.21C RCW.
2. .. COinpliance.with applicable city ,plans, goals, .policies, codes or
gu~delines and possible revisions to the prop.ased project which
will enhanc,e the proposal with respect to these requirements..
3~ Required plans, studies, reports, and/or other materials specific
to the proposal which will provide necessary information for
,'staffto.r~view the project.
. 4. Ifapplicableoi whether or n_o! the pfoiect will likelv qualify as a
. Housing Design Demonstration ~roiect'l and/or feedback about
how to qualify."
. Section .2.48 .of ..the Bainbridge Island MuniGipal Code is amended to read as
"2.48.01.0 Creat.ed.- Membership,.appointment, compensation and term~
A. There is created a design review board (board) for the city.. The
design review board shall consist of seven members who shall be
. app.ointed by. the. mayor and confirmed by the city council. Board
. ,.-\memb~r~hip,shall incIllde at least one representative with expertise
. in the following. disciplines and/or groups: landscape architecture;
urban design; city art commission; local artists; developers; at-
large com_munity. ,member; and at least two architects. The
members. .of ..the. design review board shall not be officers or
employees of the city.
:B. : ... The members ofth.e board shall serve without compensation. The
terms.. for appointed members shall be three years.. . Terms are to be
staggered, with no more than three positions expiring.'in any given
~' year. .
.C. A member .may be reappointed and shall hold office until his or her
successor has, ,.been appointed and. confirmed. Members may be
removed by the mayor upon consent of the city counciL
.2.48.020 Vacancies- Removal.
. In.the event.of.a v~cancy, the mayor, subject to the confirmation of the
city council, shall.make an appointment to fill the unexpired portion of the.
term of the vacated position.
. ;2.48.030 Organization.
A. The. board shall annually select one member to serve as chair for a
one-year. term~
3
.., B~
The, board shall adopt such rules and regulations as are necessary
. to. accomplish' . its duties and. responsibilities. These rules and
.. regulation.s shall.be placed on file with the city clerk..
. The. city shall provide. necessary supplies and support staff to the
. 'board, consistent with available resources.
., .c.
2.48..040 Powers and duties. .
The board: shall have the following duties and responsibilities:
A". Serve. in ~n advisory. capacity to the site plan and design reviews
.. and conditional use permits that are authorized under Chapters
. 18~ 105 and 18~108 BIMC and that are subject to city-adopted
design. guidelines.
. B. Serve. in an ~dvisory and review capacity. to housing design
. demonstration proiect applications pursuant to Chapter 18~38
BIMC, including those. design demonstration protect applications
involving land subdivision.
C. Applications related to single-family residences such as family day
care homes,. minor/major. home occupations, and single-family
residential height-variations are exempt from design review board
consideration. In addition, applications related to utility facilities
.,: and to. outdoor recreation facilities are exempt from design review
board 'consideration..
.2~48.050 'Design review board review and recommendation process.
The design review board shall review and make recommendations on all
.: '-land .use. applic-aticins as set forth in this section. This design process
. reflects a .collaborative effort between an applicant, the design review
board, and community to better incorporate the vision of the city as
.. outlined in. the adopted comprehensive plan and regulations..
. A. In order. to identify potential. design issues and opportunities,
. planning . staff shall direct a prospective applicant to meet with the
board. during -the c.onceptual stages of development formulation.
This initial review is optional, but strongly recommended, and
shall occur prior to the' .proposal' s preapplication conference. The
. applicant shall. submit conceptual drawings and diagrams as well
as ' "Site information (topographic, existing development,
surrounding development, and critical area information).
Following this optional, initial review, an applicant may proceed
, with the design of the project, including development of the site
. plan and elevations that must be submitted as. part of the
preapplication materials.
B. Subsequent to submittal of preapplication materials, the board shall
review a proposal for conformance with applicable design
guidelines. For Housing Design Demonstration Projects, the board
shall evaluate the criteria outlined in BIMC ,18~3 8~060 in addition
-l--"!,:]
- .
'l. , , ~.
"]
.J
4
Section 3.
follows:
c~
. . :. to anY. applic.able: design guidelines. _The bo~d's written
recommendations shall be attached to the formal preapplication
le.tt~r generllteq by pl~ing smff. .
Subseqljent. to :submittal of the site plan and :design review and/or
r co.nditional use. permit appltcation, the board shall. review a
pJ;{)posal. for incorporation .of.~he, board' s ,previou.~ comments into
:' .~the proj~ct's design.,. For ffousing Design Demonstration Proiects,
; the . board~. shall. also . evaluate the criteria outlined' in BIMC
~ . I I
18.3.8.090.. At .the co~clusi,on of its. consider~tion, the board shall
.. . ~ubmit to. the director a. recommendation of approval, approval
~ith _ .modificatiolls, or .den~al .of the ,application. based. on
. compliance with design guidelinys~ T,he qirector shall consider the
.: ,board .; recommendation .,prior to :making a decision on the
applicatio:Q.
A board recommendation is not a decision and there is no city
. appeal of.the reconunendation. . .
A. board recommendation shall be. .valid for the term of the
underlying permit or appr~rval. . . .. . .
All board meetings. shall be open to the public. The board, in its
~ dis~retio~, may. al.1ow interested citi~ens to speak and submit
. .documel1ts. .
D.
E.
F.
- .
2.481060 Design review process.
* process diagra'(l.*
. '
2.48.070 Public records.
All reco.mmendation~, reports and other official documents of the board
shall be signed by.. 'the chair. The boar4 shall keep minutes of each
.meet~ng,. a~d shal.l approve them at the next board meeting.. The minutes
. do. ,not :need.to reflect the .actual. discussion but only the formal actions
taken by the board.
2.48..080 Conflict of interest.
If a design review. board member is an applicant for a commercial or
: mixed us~.land use flpplication, has a financial interest in a project, or is a
paid or unp~d advocate, agent or. ~~presentative for such applicant, the
,~o~rd ll1emb,er shall. not pa~icipate in review of and recommendation on
. the application."
.S~.ction: 17.04.094 of the Bainbridge Island Municipal Code is amended to read as
, I '
"l7~04~094 Preliminary subdivision - Decision criteria~
The hearing examiner's recommendation and the city council decision
shall include findings of fact that the application meets all the
requirements of the :following subsections:
5
Section 4.
follows:
. .
A. The subdivision. may. be 'approved or - approved with modification
'if: - . . -
1. The applicable sub.division developinent standards of BIMC
.17..04.080, .17.04.082. and/or 17.04.085 .are. satisfied.;
. . . ,: 2.. ... Th.e preliminary' s.ubdi,vision- makes appropriate provisions for
. .the: .public health, safety. and genetal and public use and
interest, includiriS those items listed in RCW 58.17..11 0; ~
3~ ' 'The preliminary' - r~sidential subdivision has been prepared
'.consistent with the requirements of the flexible lot design
, -. process;,' unless a.' .f1exi~le lot standard has been modified. as
part (jf. a Housing Des~gn Demonstration Proiecf'pursuant to
i Chapter. 18~38 BIMC: .
4.. 'Any: portion. of a. subdivision that contains a critical area, as
defined in Chapter 16~20 BIMC, conforms to all requirements
.. ' of that chapter;. _
5. The city. engineer det~rmines that the preliminary. :subdivision
meets the following:
a~ The subdivision' conforms to. regulations concerning
.'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 serv.ing
adj~c~nt 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 an'd the standards in the "City. of Bainbridge
Island Design and Construction.. Standards .and
Specifications," except as otherwise authorized. by in
BIMC 17.04.080.C.3;
.6~' .The proposal complies with all applicable provisions of this
cod.e~ u.nless the' provisions have been modified .as part of a
Housing, Design. Demonstration Proiect pursuant to Chapter
18.38 BIMC: C.hapters 58.17 and 36.70A RCW;, and all other
applicable provisions of state and federal laws and
r~gulations; . ~d
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 t~e public use and interest will be served
by the platting.. of 'such subdivision.
r]'
"t
~( -.:..
-<.t.;~.~.-
:" --1
. l
. .. J
-_ J
A new chapter :1'8.38. is added. to the Bainbridge Island Municipal Code as
6
."Chapter 18~38
. HOUSING DESIGN DEMONSTRATION PROJECTS
18.38.010 Purpose
A~ The purpose of this chapter is to allow the develop~ent of a
..limited .number, .of housing. design. _demonstration projects to
increase the variety. of housing choices available to reside_nts of all
economic segments and.. encouraging sustainable development
through the use of development standard incentives.
Goals
The goals of this chapter are:
1.. . ~ro 'encourage .innovative building design in housing projects
: ~ ;by:
a. increasing the housing supply and the choic~ of housing
styles available in the community.
b. :pro111oting diversity in housing affordability and choice. by
encouraging smaller and more varied home sizes and
j' -, mixes of income levels.
c. promoting high quality design~
B.
. .2. To encourage t~e .use of innovative site development practices
and green building practices by. encouraging, the use of
.. conservation design methods and... principals su.ch as, low
. impact . development techniques, green. building materials,
. water, and .energy conservation, and mitigation that offsets
impacts. to biodiv.ersity.
3 . In general:
a~ ,to help ide.ntify any zoning code amendments that are
necessary to support the, development of innovative
,housing:: choices on Bainbridge Island.
. b. . to identify effective incentives to- encourage green building
. and -low impact development standards
: C..,. The demonstration projects developed under this chapter shall use
innovative design and development techniques to achieve these
. .. goals..
18.38~020 . Applicability
A~ This chapter is applicable to all properties located within the
Winslow Study Area of the Winslow Master Plan and the Winslow
Sanitary Sewer System Service Area. An application for housing
design demonstration project may be applied to single-family
residential ;subdivisions, mixed-use/ multifamily and multifamily
developments. Since the purpose is to provide housing projects as
7
B.
demonstrations, the city will accept projects for consideration and
approval prior to the sunset date of this ordinance.
The City :~Til] 'limit- acceptance of Tier 3 :de'nsity. incentive projects
outlined in .Section 18.38.090 to three projects.
18.38:030 Application .
An 'applicatiolt for.a Housing Design Demonstration Project shall consist
of a. complete application for. the underlying land use permit (i.e. Site plan
. .. and Deslgn.'Revie.w,;Conditional Use, Subdivision) in addition to required
information outlined in' BIMC 18~3 8.050.
18.38..040 Review & Approval Process
Housirig Design Demonstration ProJect applications shall. be reviewed as
specified in Chapter 2.16 BIMC given the underlying land use permit,
with additional review as outlined.in this section.
A. '.Conceptual . Proposal Review. - Applicants proposing a
demonstration project shall meet with city staff during the
conceptual phase to discuss,the goals .and evaluation parameters of
the proposed project. The conceptual proposal review is an
informal discussion between the applicant and city staff regarding
. a.' prop.osed proje"ct.: : There are no required application .materials for
, this 'stage~ Applicants shall contact the Planning Department staff
'to request .a meeting, and the meeting shall be scheduled by staff
~'\ fOf.no more. than three weeks after the request datet The purpose
of the .conceptual proposal review is to determine if the proposal is
eligible to be considered as an application for Housing Design
Demonstration Project and to assist the applicant by identifying the
following: .
'.1. Requirements for submittal, including types of supplemental
, m.aterials for-application. .
2. Compliance with applicable city pl.ans, goals, policies, codes,
. or guidelines 'and .possible revisions to the project which will
enhance'the proposal with respect to these requirements.
. 3. Areas. of Title 18 Zoning, or Title 17 Subdivisions which the
applicant seeks flexibility.
4. Required plans, studies, reports, and/or other materials specific
to the proposal which will provide necessary information for
staff and the Design Review Board, and to review the project
under the criteria outlined in BIMC 18.38.060.
B. Public Participation Program. The applicant is required to
. ~ participate in one or more community meetings, either through 1)
Public Participation Program following the procedures outlined in
Resolution 2001-11, or 2) an equivalent public meeting that
includes participation by city staff, as approved by the director.
~~....]
L_
',:]
1
8
C.';. . ..Preapplication Conference. - The applicant shall apply for a
preapplication. conference pursuant to BIMC 2.16.035. Housing
.,Design Demonstration Projects: shall. be reviewed by both staff and
. . - ,. '.. : :...'.- the .Design .Reyiew Board, .pursuant to BIMC 2.48.050.
.;. ". .
, ...E~
-. ;
1. .. Housing Design Demonstration Project Evaluation. The
applicant shall ,submit a HDDP proposal co.nsistent with. the
.. I requirements outlined in BIMC 18.38.050. The : applicant shall
. ,consider ... input received. from. the .public meetings and
conceptual review with city staff in the crafting the proposal.
The proposal will be evaluated pursuant to BIMC 18.38.060 by
city staff and the Design Review Bo.ard at one Board meeting.
. The: evaluation factors outlined in BIMC 18.38.060 shall be
, evaluated by the_following parties:.
: a. ,.Housing Diversity: t.o be evaluated by the. director.
b.. Innovative. Site Development Practices: to be evaluated by
< the director, and pesign Review Board.
c. .' Innovative Building Design Practice: to be evaluated by the
director.
The Director. of, PlalU1ing and Community.D.evelopment shall
prepare written findings of. facts. Applicants will receive
. prelimjnary,notification from-. the. director whether the proposal
qtialifies~ .. as : a Housing Desig.n. Demonstration Project, or
...feedback_ .ab.out how to improve the proposal to qualify. Any
. , I" changes . to the proposal ..would be reviewed through an
additional. preapplication conference. If the proposal is
significantly._altered, another preapplication conference may be
required. ;. .
D...,
: Application. Sub~ittaL An applicant may submit a land use
. .:: application. for a H.ousing Design Demonstration Project after
. cbmpletio~ .of a. required conceptual and .preapplication review and
,. notification: b,y.. th~ ,city that the proposal qualifies as a HDDP. The
,.applicant shall submit an application as specified in BIMC
18.-38.030. .Upon receipt, of an application, the director shall
. . pr:ovide notice to. the applicant anq. public in accordance with
BIMC 2.16..085, &nd com.mencethe application review process.
Planning Commission Review. The Planning Commission may
review H,DD~ projects at a public meeting pursuant to BIMC
...2.1(i.120 Consolidated Project Review given the underlying land
use permit.
F.
Permit Decision. The decision to approve or deny a Housing
Design Demonstration Project shall be made as part of underlying
9
land use permit approval. The decision shall be based upon the
,. decision criteria .of the underlying plarming permit, and the
decisiol}'. criteria outlined in BIMC 18.38~070... Housing Design
. Demonstration Project approval.conditions shall be .included in the
final'permit' approval and: shall- address any .ongoing compliance
requirements including compliance with approved design plans.
. ,
G".. Appeal of the Decisio.n. A . decision on. a . Housing Design
., ..Dernohstration Project may be. appealed under the provisions of
.Chapter~ .2.1'6 BIMC: as part of any appeal of the underlying land
use. pei1ilit~
.H. . .. Project Certification
. , : ; .1. :. .Building Permit.. The applicant shall submit a building perfb.it
that is consistent with all conditions of the land use permit
. appro.val. : The applicant shall also submit documentation that
the project .has." applied for certification. by a green building
rating system, such. as. Evergreen Sustainable Development,
LEED or BuiltGreen. Proof of ongoing certification shall be
required during construction and project certification must be
. completed.prior to. final occupancy" '
( . .
.2. ~ Living Building. Challenge.. For .projects pursuing the Living
'.. Building: Challenge pursuant to BIMC 18.38.050.J, the
applicant must show, proof of pursuing ongoiilg certification
. during .., construction for all required elements. After
constructioii". and prior to issuance of. the. certificate of
occupancy, the applicant must show. proof of initial project
comp.liance as to the Site, Materials, Indoor Quality and
. Beauty/ Inspiration components of the Living Building
C~allenge and that the project is likely to achieve the elements
of. energy . and water following 12 months of occupancy as
. . . 'required under Living Building. Challenge certification. For
: .' those elements of energy and water. that require occupancy of
the building:for twelve months for Living .Building Challeltge
certification, the applicant 'must submit a report. to the City
- . following 1~ months of occupancy, demonstrating its progress
towards meeting. these. remaining elements of the Living
Building Challenge standard~ If certification of those elements
. has not been achieved, the. applicant must provide quarterly
reports of progress towards certification of these elements,
. including .additional steps and timeline that will be taken to
achieve certification.
18..38.050- Submittal Requirements
-fl.:.
-~ .
..~ . ~
,~~r.._j
1
i
.. ...:J
.J
10
.. - ~
.. IIi .addition to, .any submittal.' requirements from, the; underlying land use
permitting~ process,: the ,following. additional information. is .required for a
Housing Design .Demonstration Proje"c.t: ;:
f
, ;
- l
. ~r. .1
A. A survey prepared by a. licensed surveyor, including information
showing existing conditions and site information including, but not
limited to" topography (contour interval not to .exceed.5 'feet), an
. . elevation benchmark (located .on or within. 100 feet of the proposed
: site); . adjacent development, vegetation, utilities,. critical. areas,
property lines, and easements. ,Whenever possible, survey
. information should be submitted on City of Bainbridge Island
'vertical and horizontal datum~. ,All plans must be submitted at an
{. easily reproducible engineering or architectural scale.. The _ survey
data should be integrated into .all site plans and elevation drawings
,related to the: project and the source of the, survey. information shall
be. noted~; ,
B. Plans ,descriptive of drawings of the proposed innovative housing
types including building footprints and building elevations, floor
plans, and roof plans.
c. ' A description.ofthe. proposed unit type, including proposed square
..footage,-unit mix, and. number. of bedroQms per unit
D. . A description of the required development standards, compared
with the, standards which relief is being requ.ested. This includes,
but is: not, limited to,. setbacks, open space, density, or parking
requirements. The applicant should explain how relief from
specific .: development standards is needed.. to achieve the desired
inno,vative. d.esign and. the goals of this. chapter
, .
. .. E. Photographs o,fthe. subject and adjacent properties keyed to the site
plan.
F. A landscape plan, including any planned removal and replanting.
. .. G.., A detailed. description of any project phasing.
H. A description of how the proposed development is consistent with
.' the.surrounding neighborhood character.. -
. I. A description. of how the proposed development complies with the
goals of this. chapter, project evaluation criteria as described in
BIMC 18~38.060, and all relevant decision criteria.
11
. J~ ., A . completed.. green building checklist- from Evergreen Sustainable
. . Development, ; Living Building Challenge... -standard .. of the
International Living Building. In.stitute., LEED:" or BuiltGreen
programs that require third party verification review with. the
requisite four and five star levels.
. . 18.38.060 Evaluation Method
. Each.: pr:oject. will .be ..evalu.ated for .innovation and, achievement of the
Chapter .. goals 'using a ..number of factors. The evaluation factors are
divided into three categories.
If a project does not meet. a required- evaluation factor, the applicant is
.. : required to 'provide. a written explanation about why ' the evaluat.ion factor
. .. -is 'not appropriate. or cannot be met in. this instance~ Examples of
. sustainable development methods. do not limit.. .other mechanisms of
meeting the evaluation factor. The City Council will pass a resolution to
adopt a quantitative system to implement this evaluation method. That
evaluation method may'.include a reference to an . established, third -party
: . green. building checklist required by BIMC 18.38;050.J~
A.
Housing Diversity
'1 ~ Unit :Type:: The project includes a variety of unit types, for
example, single-family, townhomes, flats, duplex, live/work, or
a?cessory dwelling units.
2. Uhit ..Size.: . The'. project includes a variety of housing unit sizes
that provide for a broad mix of income levels and family size..
3.. Affordable Housing:' The project includes housing units that
are affordable to the. spectrum of income levels as defined. by
BIMC 18.06.565 Affordable Housing. Designated affordable
. 'housing shall Temain affordable for fifty years from the time of
final inspection on the affordable unit..
B~
Use .of Innovative Site Development Practices
1. Low Impact Development: The project uses a low impact
development .approach to storm water management through
small-scale decentralized practices that infiltrate, evaporate and
transpire rainwater, such as:
a, Use rain gardens and other water-absorbent plant growth
media, with drought tolerant native plants, combined with
. curb cuts and other proven low impact development
techniques. for rainwater catchment and absorption, to
lessen. storm water runoff. Invasive species shall not be
planted.
1:~_';<"]-
j-"
.c..~,
.---~l
- - j
,)
J
12
. ~.~,
,: -I
!
. -'--j
; -:1
; .
b4' . Where.. there. is to be an earthen, separation between the
'street and sidewalk and bioswales.. .
c.: : Amended soils~ ,.
.2.. .. Imperviou~_.. ~.Surfaces... The project re4uces impacts from
...: ' .., impervious surfaces. through use of techniques such as:
a. Porous asphalt" paver. blocks or large aggregate pervious
concrete for parking and highly used bicycle and pedestrian
areas;
b. Lattice blocks (or similar products). - that permit grass
grQwth for ,fire lanes .and overflow parking;
c.. Cr\.ls~ed. .stope or brick.. fOf. lightly .used. pedestrian paths;
.... and...
d. Recycled asphalt and recycled concrete in the base course
of pervious and/or impervious surfaces..
3. Landscaping:. Low maintenance landscaping that integrates a
. high .proportion of native plants or ,drought-tolerant plants that
are climate. approp:r;iate.
. .- ~ ' 'f
-. l
.. . . I
.. --. J
... 'I
4. Common Open Space: The project provides cOlll1ected
common .open space area set aside as active open space and
designed and integrated into the project.
".. 5~- Transportation;
. .a. - . .Th~. project ~ design .provides enhanced sensitivity to
pedestrian traveL
b. The project internally preserves existing informal, internal
cOlllJ.ection to .external trail(s); or, creates new connections
.where. appropriate, . to implement the Non-motorized
Transportation Plan (NMTP).
c. The project reduces reliance on automobiles and trip
cqunts, and promotes alternative transportation. and public
transi t.
d. Th~ project accommodates. ne~ds of alternative vehicles,
such as 1) parking and charging facilities for electric cars 2)
..by locating rechargeable electric vehicle (EV) parking in a
..col)spicuous and. preferred location, close to a main
building entrance, or 3) parking spaces designed for sub-
compact vehicles, such as smart™ cars.
e. The project integrates a parking space for a vehicle sharing
program, such as zipcarT~.
f. The project minimizes the visual dominance of automobiles
throughout the project.
13
'.. .,
6. Designated Compost Area: .The project .designates an atea
where residents - 'can. compost their food and yard waste. the
compost area may be located in. activ.e open. space areas..
. :' 7:. Biocjiversity:. The development addresses biodiversity issues
by inc.orporating development impact.offsets.as outlined in ~e
. policies. of the Environmental Element of the .Comprehensive
.Plan. ,. ;
c. Innovative .B'uilding Design Practice.
1 ~ Alternative.. Energy: The project utilizes, at least in part,
alternative power. and heat technologies including, but .hot
lim~ted to solar, passive solar, wind, .and geothermal.
2. Energy. Efficiency:. The project exceeds base enetgy
effici~ncies required by the Building Code by integrating
energy efficient building desig.n and appliances. '
.: . 3 ~ Water. Efficiency: :' '. The project uses water efficiently . by
integrating low-flow water .fixtures and/or water.re-use systems
(i.e~ greywater for toilets, landscaping).
4. .... Green . Building. Materials: The project utilizes sustainable or
'green' building materials internally and externally.
-~. 5. Accessibility: The project design incorporates access for
residents. of all ages and mobility inside and outside the home.
. 18.38~070 Housing Design Demonstration Project Approval Criteria
In addition to decision'criteria..required by the underlying plalUling permit,
an application for an: innovative housing demonstration project may be
approved if the following criteria are met:
: - ~ A. The applicant clearly demonstrates evaluation factors listed in
BIMC 18.38..060 as evaluated by the Design Review Board and the
DepartmenfofPlanniilg & Community Development.
B. . The applicant has.: demonstrated how relief from specific
.development standards,. including setback reductions, lot coverage
and/or design guidelines, is needed to achieve the desired
if1!1ovative design and the goals ofth,is.chapter.
c.
The project is harmonious in design and appearance with the
intended. character and' quality of development in the immediate
vicinity of the subject property, and with the physical
characteristics of the subject property~
or.---....]
- ~
, ;
~\.. :~;-
]
I
14
D. The .project does not adversely impact existing public service
levels for surrounding.properties. .
E. . .The: project complies with all other pOltions of the BIMC, except
as modified through this Housing Design Demonstration Project
process~
. .: F.
If a project will be phased, each phase of a proposed project must
contain adequate infrastructure, open: space, recreational facilities,
landscaping and all other conditions of the . project to stand alone if
no. other subsequent phases are developed.
G~ < The applicant -is meeting. required. housing diversity standards.
. . . -.J.
. -
18.38..080 Development Standard Incentives
The. applicant may~request that the following development standards from
Titles 17. Subdivision. and 18 Zoning may be modified as part of an
approved innovative housing project.. The city will review the request to
modify. development standards through the project r~view proces-s outlined
in BIMC 18.38.040,. and. considered in relation to all required decision
criteria. . Requirements of Title. 16 Environment may not be modified.
.. A.-.. Minimum lot dimensions and size, subject to approval by Kitsap
County Health District.
.B'. . \. Lot.. ,Coverage. Maximum lot coverage will be evaluated as a part
of .the innovative site development evaluation criteria in BIMC
18.3 8~060~
C.. Open. Space..: ..,F<o~. demonstration projects developed under BIMC
Title 17. .Subdivisions, flexible lot. subdivision open space
requirements do not apply. - Open space incorporated into the
. ... project is part of the evaluation criteria in BIMe 18.38.060.
D. Parking~
1" Residential: Additional guest parking may be required
pursuant to BIMC 18.81.030~D.3~ The residential parking
requirements outlined in Chapter 18~81 BIMe may be
modified :as . outlined . below. This reduction may not be
combined with any other reductions allowed under BIMC
18.81.040 to result in less than 1 space. per unit The applicants
are encouraged. to work with neighboring property owners to
. ensure street.parki.ng is not overburdened. A limited number of
parking spaces may be designed to accommodate alternative
fuel or sub-compact vehicles such as smart™ cars, with
. parking stall dimensional standards reduced. from the standards
outlined in BIMe 1.8.81.070~
15
a~ Homes under 800 square .feet: 1 parking space
b. Homes 800-1,500 square feet: 1.5 parking spaces
c. . Homes greater than. 1,500 square feet: 2 parking spaces
( exiSting)' , -;
2. Commercial: A reduction in commercial parking requirements
.may be granted for.live-work project..proposals which co.ntain
. integrated living.~ and working space,. or other commercial
. components. .primarily serving an . immediate neighborhood,
shall be reviewed consistent with .BIMC 18.81.030.0.
E. . Setbacks. U.nless. required for public safety purposes, such as site
dIstance, setbacks pursuant to Titles 17 Subdivisions or 18 Zoning
may .be reduced. as described 'below~. Additional .vegetatIve
lands.caping screen may be. required by director when reducing
setback. .
.. / ..
1.. Title 17 Subdivision Setbacks
. a.. ; All interior subdivision setbacks: 0 feet
. b. . Building to. exterior s'ubdivision boundary: 5 feet
. , c. . Building. to right-of-way or on-site private. access: 10 feet
(no reduction allowed adjacent to SR 305)
'~- 2.. Title 18 .Zoning Setbacks. This section does not replace lesser
:requirements found in the Mixed-Use Town Center and High
School Road zoning districts~
a. Front setback within project: 10 feet
b..' Rear setback within project: .minimwn .of 5 feet
c. Side setback within project: minimum of 5 feet
F. Roadside Buffers. A. reduction in required roadside buffers will
consider existing vegetation and the buffering provided by
surrounding properties~
G ~ Building height < Existing bonus height may be achieved as
outlined below. -
1. Residential buildings in residential zones, outside the Mixed-
Use Town Center (MUTC)/High. School Road districts, may
achie.ve the extra 5 ,feet in height provision of the applicable
zoning district through the HDDP approval process with
underlying land use permit instead of a conditional use permit
process..
2~ .Buildings within the Mixed-Use Town Center (MUTC)/High
School Road districts may achieve a maximum building height
?-'"']:. ..
. .
.,
~ .. -' ;
]
.~. "J
16
not.to exceed the. optional height outlined in. BIMC 18.40.030
for that district.
.. 18~38.090 ; . 'Density.. Bonus. Incentives.. An. incr.ease -in' density may be
.permitted _as outlined b.elow. ;The City" Council. will pass a resolution to
adopt a quantitative.. evaluation .method that .links maximum. residential
bonus density to varying levels ;of green building and .affordable housing
provided, as outlined in the table below..
2.5 x base density
or Max. Mixed
Use FAR
(not applicable in
Zones :R-8,&.
.. R-14} ~ .:
2~5. x base. density
or Max.~.Mixed
US,e:FAR.-:. :.
(not applicable in.
Zones R-8.,.&
...R-14).
2.0: x base density
not to exceed R-8
(Zones R-2, R-2.9,
R-3.5 &'R~4.3)
n~. .. or-
1.5 x base density
(Zones R-8 & R-
".'-14) .
or
Max. Mixed Use
FAR
! 1.5 x base density.
,. :Max. Mixed Use
..FAR
Living_ B~ilding ~hallerige
. . I ~ .. I ~ _ .
LEEP .Sil~et, BuiltGre~J). 4. or
Ever'gree~ Sustain~ble
De:velopment
50%affordable housing
. .LEEP_:.Silver or
. .BuiltGreen 4
Achieve housing diversity*
~ LEI;:D .Gold or
BuiltGreen 5
Some housing diversity points*
0'
. LEED Certified
o
Achieve housing diversity*
* Calculated through the adopted quantitative evaluation method
17
Section 5.
follows:
. .. A~ . . .Properties., within the MUTe/High' School .Road, districts may
achieve a maximum residential density not to exceed the maximum
bonus mixed-use FAR for that district, pursuant to BIMC
...: -18.40.030. . The applicant.will :not :have to buy the amount .of FAR
.: ; ... ex.ceeding . the:. base ;residential... F'AR. .Both mixed-use and
. ; residential. Housing 'Design Demonstration Projects may. .achieve
. : the. maximum mixed-;use. FAR for that .district.
..-1
-. ,
B~ Properties in residential zones, outside the MUTe/High Scht?ol
. .R()ad districts may achieve a ,maximum. density increase up to. .2.5
times the base density., Maximum. residential density bonus will" be
linked. to. the varying . levels . of . green building and affordable'
housing provided as indicated in the table above. .
18.38.100 Demonstration }>roj~~t Visit _. . .
In order to learn from the: irinovative design practices. useq, all
demonstration projects completed under this chapter shall allow city staff
to conduct occasional site t~urs. City staff will make a request~ of the
property owner prior to conducting a tour and will not access the
properties for tours more than once every three months. The, site tours -<<rill
~e li~ited -~~ the exterior. and c.otnnlon grounds of the property,. and
conducted:. during regu~ar business hours.' Visits will be coordinated
through the staff and property owner, and the owner will receive written
notice no less than two weeks in adva~ce of each visit. Any additional
access-;to private property or at alternative times shall be at the. permission
and cooperation of the individual homeowner only.
,J
18~38.11 0 This chapter shall take effect on and be in force five days from
and after its passage, approval, and publication as required by law and
. shall expire three (3) years fr~m said effective date."
Section 18.41..020 of the Bainbridge Island Municipal Code is amended to read as
"18.41.020 Variations.
Variation(s) from the requirements of the. adopted City of Bainbridge Island
,Engineering and Development Standards and the subdivision standards contained
in the Appendix A of ~IMC Title 17 may be permitted if the variation(s) will
further the purposes of this chapter and is approved by the department director,
after recommendation by the city engineer and/or the fire marshal. For proiects
participating in a Housing Design Demonstration Proiect (HDDP) pursuant .to
, Chapter .18.38 BIMC.. design guidelines may be varied if the applicant can
demonstrate that deviation from the guidelines will facilitate meeting goals of the
HOOP vrogram.".
18
- 1
. I
-_ - J
Section -6.
as follows:
..,
:.. l
, \
_oj
Section 7.
as follows:
_Section.18.105~060_ofthe :Bainbridge Island Municipal Code is amended to read
" 18. 1 Q 5 ~ 060 Decisi on criteria-.
The development.: review. "committee (DRC),. director, and planning
commission. shall base their respective r~commendation or decision on site
. plan .and. design review on the .following criteria:
A~ . The site .plan !~and design is in. conformance with applicable code
. .provi~ion8'.: and developl)1ent, .~tandards of.. the applicable zoning
:district,'1 unless a standard has been modified as:a Housing Design
Demonstration .proiect .pur.su.~t to..- Chapter 18.3,8 BIMC;
B. The site design review for light manufacturing; and business park
.. I . zoning.districts is. in ~onformance with the following:
.~-1~. . .:The site.design review standards ofBIMC 18~72~050;
2~ The site design .review has been prepared consistent with the
:purpose of the site design review process and open space goals;
- and
.3. In. addition to the applicable storm water management
requ~rements of Chapter 15.20 BIMC, the development
proposal shall include means to integrate and re-use on-site
. .': stonn water as site amenities;
c. .The locations. of the _ buildings and structures, open spaces,
.. landscaping, pedestrian, bicycle and v_ehicular circulation systems
are adequate, safe, efficient and in conformance with the
.. \ nonmotorized transportation .plan;
D. The.proposal.will be served by adequate public facilities including
road~, transit, water, fire protection, sewage disposal facilities and
storm .drainage facilities;
E. The site plan and design is consistent with the design guidelines of
..Chapter . 18.41 .. BIMC, or other applicable design guidelines of the
. zoning district~~. unless strict adherence to a guideline has been
modified as a Housing Design Demonstration Proiect pursuant to
Chapter 18.38. BIMC: .
F. No harmful or unhealthful conditions are likely to result from the
. .proposed site plan; .
G~. The site plan and design is in conformance with the comprehensive
plan. and oth~r applicable adopted conununity plans; and
H.. Property subject to site plan and design review which contains a
: critical area, as defined in Chapter 16.20 BIMC, conforms to all
requirements of that chapter."
Section 18~ 1 08t040 of the Bainbridge Island Municipal Code is amended to read
."I.8a 1 08.040 Decision criteria.
19
." .A.. ' A .conditional. ..use may be approved or approved with.:
modifications if:
1. The conditional use is harmonious and appropriate in desi~n,
character and appearance with the existing. or - intended
.. character and quality of development in the imniediate vicinity
.. of the subject property. and .with the physical characteristics of
the subject prop.erty provided, however~ that. in the case of a
proiect :being. processed under RIMe: Chapter 18.38" any
differences in~ design'! character. ot appearance that are.- in
! furtherance. of the purpose and. decision criteria: of. that Chapter
. shall. not result in denial of.a conditional use permit for the
.proiect;
2. The coi1di~ional use will be :served by adequate public facilities
. . including . 'roads, water, fire protection, sewage disposal
facilities and storin drainage facilities;
3. The c.ortditional use will not be materially detrimental to uses
or property in the immediate vicinity of the subject property;~.
. . 4. .The..conditional use is in accord with the comprehensive plan
and other applicable adopted community plans, including the
nOiunotorized transportation plan; -
5. The conditional use .complies with all other provisions of this
code; '!unless ~ a provision has been modified as a Housing
.. De.sign . Demonstration Proiect pursuant to Chapter 18~38
. - BIMC:
"6. The conditional use will not adversely affect the area or alter
. . the' area's predominantly residential nature; aad
7. ... All . necessary measures have been taken to eliminate the
impacts that the proposed use may have on the. surrounding
. .. area; arid '
8.. If a. .conditional use is processed as a Housing Design
:.. Demonstration. Proiect pursuant to Chapter 18.38. BIMC.. the
above criteria will be considered in conjunction with the
purpose and decision criteria of Chapter 18.38 BIMC~ and, in
light..ofthe goals and polices of that chapter.
B. A conditional use may be approved with conditions. If no
reasonable conditions can be imposed that ensure the application
.meets the decision criteria of this chapter, then the application sliall
. be denied.
c. . 1. Educational,. cultural, governmental, religious or health care
(acilities in residential zones must be processed as reglilar
conditional use permits and meet the following criteria, in addition
to those listed above:
a. Applicants are required to submit a traffic report, showing
the effects on level of service on affected roads. Proposed
mitigations for degradation of the LOS must be submitted
as part of the application.
,..,..c.~~)
"': - -.
.l -~
.~ .
.".. . .'-.
-j
J
20
. b~ All. sites .must front on, roads classified as residential
. \: subur~an_. or .above on: : the .~ainbridge. Island Functional
Road. Gla~S,ification Map. _
: c~. i Noise levels sha,l,l be in, compliance with BIMC 16.16.020
and,16.16~040.A. '
d. . The appropriate approvals of sewer and water supply must
. h.e supmitted. at. the time of application.
e. A fencing plan or alternative methods to protect the public
health, safety and welfare must be s,..bmitted at the time of
applic~tiqni. ..
f. The applicant shall provide perimeter buffers of vegetation
eit,her: retaining., ,existing pr planting ~, new one in
compliance.with BIMC 18.85~070.D~4 (this only applies to
residential districts outside. Winslow).
g. These conditional uses are limited in lot coverage to only
50 percent. of the allowable lot coverage in the zone in
.. which they are located.
i. Except that public sc~o,ols,. defined as the common schools
referr~d .:to:. in Article IX of the State Constitution,
establishe~ ~ by law and maintained at public expense, and
. . ~ose. .private :leaming institutions established by law and
m'aintained.. . at private. expense, offering kindergarten,
, priwary, and secondary (;iducation through the high school
level shall be allowed the lot cov~rage established in the
underlying zoning. .district in which it is located unless
coq.ditions . are required to limit the lot coverage to mitigate
impa~ts ~ft4e use in accordance with this chapter.
h~ Vehicular, pedestrian, and bicycle access and site
. ~irculat.~pll must be sub~itted at the time of application and
approved by the city. The city engineer. may modify the
requi~ements: .,\,f ._BIMC.. .18..81.020.0 and allow alternate
. driveway:: anq. parking area s.urfaces; provided, that the
. allowed .: s~rface(s) .~~ets, city requirements for handling
surface water and pollutants..
. L .The applicant shall submit a. site and building design
proposal that meets the design principles and guidelines
found. in BIMC 18.41.070, Light manufacturing design
guidelines, ~nd incorporates conditions deemed applicable
by.. 1" ~he director in accordance with this chapter. Each
pro'posal will be evaluated for adequate vegetated roadside
vi~ws., . landscaping buffers for parking and service areas,
scale of proposed construction including bulk and height
and. harmonious architectural design features compatible
with .'the surrounding neighborhood~
2~. : All :of the abo~e facilities which have attendees and employees
nu.mbering fewer than 50 or an .assembly seating area of less
21
Section 8.
as follows:
than 5Q:may.have any or all the 'above requirements waived by
. the. director, except-those required elsewhere in the city code.
3.. .E~u~ational p~ograms in residential.zones that are temporary or
. of short dutatioh; .as determined by the director, may be exempt
from conditional use permit requirements." ,
, I
--r...~-l-
~
. .
:~ .,
~ -
\.-< ~:
Section 18.120.110 of the Bainbridge Island MUnicipal Code is amended to read
.. "18.120~ 110 Decision criteria.
A. An application for. a PUD permit may be approved or approved
. with lnddificatiotls if: ..
.1;: The. PUD., clearly demonstrates superior site design by
, incorporating.as many of the following as feasible:
a. Provision.s for public facilities and/or amenities;
b-.. Energy efficient site design; ;
c. .. Provision of affordable housing;
d. Other innovative site design exceeding code requirements;
. e. Preservation. of natural fdature-s;.
f~ Placement of structures, circulation systems and utilities
.. . thatmiriimize the alteration. of the land;
g. . Provisions for a .variety. of -building types and scale, and
. design to reduce the bulk of structures;
h. Site:: design that reduces dependency on automobiles by
. providing for pedestrian, bicycle and. transit uses;
'i. Site de"sign that minimizes impervious surfaces; and
j. . Planting' and buffers that exceed required minimums;
.2. . The.-PUD provides for the protection of critical and resolifce
. l areas; .-
..., 3.. ~ The PUD is compatible in si~e, scale, mass and design with
.uses on adjacent ,properties;
.:4. For all PUDs containing dwelling units, at least 15 percent of
the. gross land area must be set aside as active open space and
..designed' .as. an integrated part of the project rather than an
isolated element; and
. 5. The pun: is compatible with the physical characteristics of the
, stibj ect property;
6. Roads, streets, and access drives within and adjacent to the
PUD .meet all the requirements of the development standards.
Appendix A of BIMC Title 17, except as provided for in BIMC
18~ 120.060(J)(2);
.7.. Adequ.ate public services are available including water,
sewer/septic, roads, including access roads, fire and storm
.. drainage.. Approval of the PUD should not adversely impact
existing public service levels for surrounding properties;
8.. .The pun is consistent with the goals and policies of the
comprehensive plan;
:- -j
. .
_l
22
9. The PUD complies with all other codes and policies of the
cityt" .unless. a. provision 'has been modified as a . Housing
Design Demonstration Proiect pursuant to Chapter 18..38
BIMC:
1 O~ All significant trees within required buffer areas and outside
building footprints are retained whenever feasible;
11. A perimeter buffer appropriate to the project may be required;
12. If a PUD will be phased, -each phase of a proposed PUD must
contain adequate infrastructure, open space, recreational
facilities, landscaping and all other conditions of the PUD to
stand alone ifno other subsequent phases are developed.
B~ If no reasonable conditions or modifications can be imposed to
en~ure the application meets the criteria set forth above, then the
application shall be denied~"
Section 9. If any section, sentence, clause or phrase of this chapter 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 chapter.
Section 10. This chapter shall take effect on and be in force five days from and after its passage,
approval, and publication as required by law.
: .. .~~l"
~:...~~ :
.{
PASSED by the City Council this 12th day of August, 2009.
APPROVED by the Mayor this 18th day of August, 2009.
~Jl
Christopher Snow, Mayor
ATTEST/AUTHENTICATE:
l'lDl>Q..{J' nd J. \0"")0 ~
Rosalind D. Lassof, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
March 3, 2009
August 12, 2009
August 21,2009
August 26, 2009
2009-06
23