ORD 2012-09 EXTENDING HDDP SUNSET DATEORDINANCE NO. 2012 -09
HOUSING DESIGN DEMONSTRATION PROJECT
An ordinance extending the sunset date of the City's pilot
Housing Design Demonstration Project program; and
amending Section 2.16.020.Q of the Bainbridge Island
Municipal Code.
WHEREAS, the City of Bainbridge Island has the authority to adopt zoning provisions
pursuant to RCW 36.70A.390; and
WHEREAS, on August 12, 2009, the City Council adopted Ordinance No. 2009 -06,
establishing a pilot Housing Design Demonstration Project program to allow for the development
of a limited number of projects to increase the variety of housing choices available to residents of
all economic segments and to encourage sustainable development through the use of
development standard incentives; and
WHEREAS, Ordinance No. 2009 -06 established a sunset date of August 26, 2012; and
WHEREAS, the City Council has determined that the pilot Housing Design
Demonstration Project program should be extended for two more years, to a new sunset date of
August 26, 2014, to allow time for the City to further evaluate the program; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS.
Section 1. Section 2.16.020.Q of the Bainbridge Island Municipal Code is amended to read
as follows:
Q. HOUSING DESIGN DEMONSTRATION PROJECTS
PURPOSE AND GOALS
The purpose of this section 2.16.020.Q is to allow the development of a limited number of housing
design demonstration projects to increase the variety of housing choices available to residents of
all economic segments and encouraging sustainable development through the use of development
standard incentives. The goals of this chapter are to encourage innovative building design in
housing projects by increasing the housing supply and the choice of housing styles available in the
community, by promoting diversity in housing affordability and choice by encouraging smaller
and more varied home sizes and mixes of income levels, and by promoting high quality design.
An additional goal is to encourage the use of innovative site development practices and green
building practices by encouraging the use of conservation design methods and principals such as,
low impact development techniques, green building materials, water and energy conservation, and
mitigation that offsets impacts to biodiversity. Two final goals are to help identify any zoning
code amendments that are necessary to support the development of innovative housing choices on
Bainbridge Island, and to identify effective incentives to encourage green building and low impact
development standards. The demonstration projects developed under this chapter shall use
innovative design and development techniques to achieve these goals.
APPLICABILITY
This section 2.16.020.Q 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 demonstrations, the city will accept projects for consideration and approval prior to the
sunset date of this ordinance. The city will limit acceptance of Tier 3 density incentive projects
outlined in this section to three projects.
REVIEW AND APPROVAL PROCESS
Housing design demonstration project applications shall be reviewed as specified in the same
manner as other applications for the same type of underlying land use permit (see BIMC 2.16.030
through 2.16.210), with additional review as outlined in this subsection.
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 proposed project. 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 for no more than three weeks after the
request date. 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 (1) requirements for submittal, including types of
supplemental materials for application; (2) compliance with applicable city plans, goals,
policies, codes, or guidelines and possible revisions to the project that will enhance the
proposal with respect to these requirements; (3) areas of Title 18 Zoning and Title 17
Subdivisions where the applicant seeks flexibility; and (4) required plans studies, reports,
and /or other materials specific to the proposal that will provide necessary information for
staff and the design review board, and to review the project under the criteria outlined in
BIMC 2.16.020.Q.4.
Public Participation Program. The applicant is required to participate in one or more
community meetings, either through the City's 1) Public Participation Program following
the procedures outlined in Resolution Nos. 2010 -32 and 2001 -11, or 2) an equivalent public
meeting that includes participation by city staff, as approved by the director.
Preapplication Conference. The applicant shall apply for a preapplication conference pursuant
to BIMC 2.16.020.G. Housing design demonstration projects shall be reviewed by both
staff and the design review board, pursuant to BIMC 2.16.020.F. The applicant shall
submit a I -IDDP proposal consistent with the requirements in the Administrative Manual.
The applicant shall consider input received during the public meetings and conceptual
review with city staff in the crafting the proposal. The proposal will be evaluated pursuant
to BIMC 2.16.020.Q.4 by city staff and the design review board at one meeting. The
evaluation factors outlined in BIMC 2.16.020.Q.4 related to housing diversity and
innovative building design practice shall be evaluated by the director, and those related to
innovative site development practices shall be evaluated by the director and the design
review board. The director shall prepare written findings of facts, and applicants will
receive preliminary notification from the director whether the proposal qualifies as a
housing design demonstration project, or feedback about how to improve the proposal to
qualify. If the applicant changes the proposal in any significant manner other than a
response to feedback from the public meeting, conceptual review, or the preapplication
review, an additional preapplication conference may be required.
PJ
Application Submittal. An applicant may submit a land use application For a housing design
demonstration project after completion of a required conceptual and preapplication review
and notification by the city that the proposal qualifies as a housing design demonstration
project. Upon receipt of an application, the director shall provide notice to the applicant
and public in accordance with BIMC 2.16.020.x, and commence the application review
process.
Permit Decision. The decision to approve or deny a housing design Demonstration Project
shall be made as part of underlying land use permit approval. The decision shall be based
upon the decision criteria of the underlying planning permit, and the decision criteria
outlined in BIMC 2.16.020.Q.5. 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.
Building Permit. The applicant shall submit a building permit that is consistent with all
conditions of the land use permit approval. 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.
Living Building Challenge. For projects pursuing the Living Building Challenge standard of
the International Living Building Institute, the applicant must show proof of pursuing
ongoing certification during construction for all required elements. After construction and
prior to issuance of the certificate of occupancy, the applicant must show proof of initial
project compliance as to the Site, Materials, Indoor Quality and Beauty/ Inspiration
components of the Living Building Challenge 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 12 months for Living Building Challenge certification, the
applicant must submit a report to the city following 12 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.
EVALUATION METHOD
Each project will be evaluated for innovation and achievement of the goals of BIMC 2.16.020.Q
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 evaluation 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 such as the Evergreen Sustainable Development,
Living Building Challenge standard of the International Living Building Institute, LEED or
BuiltGreen.
Housing Diversity. Evaluation will review:
Unit Type: The project includes a variety of unit types, for example, single - family,
townhomes, flats, duplex, live /work, or accessory dwelling units.
Unit Size: The project includes a variety of housing unit sizes that provide for a broad mix of
income levels and family size; and
3
Affordable Housing: The project includes housing units that are affordable to the spectrum
of income levels as defined in BIMC 18.21 Affordable Housing. Designated affordable
housing shall remain affordable for 50 years from the time of final inspection on the
affordable unit.
Innovative Site Development. Evaluation will review:
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) using 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; (b) Where there is to be
an earthen separation between the street and sidewalk and bioswales, (c) amended soils.
Impervious Surfaces. The project reduces 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 growth for fire lanes and overflow parking; (c) crushed stone
or brick for lightly used pedestrian paths; and (d) recycled asphalt and recycled concrete
in the base course of pervious and /or impervious surfaces.
Landscaping. The project uses low maintenance landscaping that integrates a high
proportion of native plants or drought - tolerant plants that are climate appropriate.
Common Open Space. The project provides connected common open space area set aside as
active open space and designed and integrated into the project.
Transportation. The project (a) uses a design that provides enhanced sensitivity to
pedestrian travel; (b) internally preserves existing informal, internal connection to
external trail(s), or creates new connections where appropriate, to implement the Non -
motorized Transportation Plan (NMTP); (c) reduces reliance on automobiles and trip
counts, and promotes alternative transportation and public transit, (d) minimizes the
visual dominance of automobiles throughout the project, or (e) the project accommodates
needs of alternative vehicles through techniques such as parking and charging facilities
for electric cars, locating rechargeable electric vehicle (EV) parking in a conspicuous and
preferred location close to a main building entrance, using parking spaces designed for
sub - compact vehicles, such as smartTM cars, integrating a parking space for a vehicle
sharing program, such as zipcarTM.
Composting: The project designates an area where residents can compost their food and yard
waste. The compost area may be located in active open space areas.
Biodiversity: The development addresses biodiversity issues by incorporating development
impact offsets as outlined in the policies of the Environmental Element of the
Comprehensive Plan,
Innovative Building Design. Evaluation will review:
Alternative Energy: The project utilizes, at least in part, alternative power and heat
technologies including, but not limited to solar, passive solar, wind, and geothermal.
Energy Efficiency: The project exceeds base energy efficiencies required by the Building
Code by integrating energy efficient building design and appliances.
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).
Green Building Materials: The project utilizes sustainable or `green' building materials
internally and externally.
Accessibility: The project design incorporates access for residents of all ages and mobility
inside and outside the home.
F,
APPROVAL CRITERIA
In addition to
decision criteria required by the underlying
planning
permit or approval, an
application for
a housing design demonstration project may be
approved
if the following criteria
are met:
The applicant clearly demonstrates evaluation factors listed in BIMC 2.16.020.Q.4 as evaluated
by the design review board and the planning department;
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
innovative design and the goals of this chapter;
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;
The project does not adversely impact existing public service levels for surrounding properties;
The project complies with all other portions of the BIMC, except as modified through this
housing design demonstration project process;
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; and
The applicant is meeting required housing diversity standards.
DEVELOPMENT STANDARD INCENTIVES
The applicant may request that development standards from Titles 17 and 18 be modified as part
of a housing design demonstration project. The city will review the request to modify
development standards through the project review process outlined in BIMC 2.16.020.Q.3 and
considered in relation to all required decision criteria. Requirements of Title 16 may not be
modified. The following development standards may be modified.
Minimum lot dimensions and size. Reductions in lot size or dimensions are subject to
approval by Kitsap County Health District.
Maximum lot coverage. Increases in maximum lot coverage will be evaluated pursuant to the
innovative site development evaluation criteria in BIMC 2.16.020.Q.4.
Open Space. For demonstration projects developed under BIMC Title 17 flexible lot
subdivision, open space requirements in BIMC 17.12.030.A do not apply, and open space
incorporated into the project shall be evaluated pursuant to the evaluation criteria in
2.16.020.Q.4.
Residential Parking. The parking requirements outlined in BIMC 18.15.020 may be modified
to require 1 parking space for homes under 800 square feet; l.5 parking spaces for homes
between 800 -1,500 square feet. This reduction may not be combined with any other
reductions to result in less than I space per unit, and additional guest parking may be
required pursuant to BIMC Table 18.15.020 -1. A limited number of parking spaces may be
designed to accommodate alternative fuel or sub - compact vehicles such as smartTM cars,
with parkin,.g stall dimensional standards reduced from the standards outlined in BIMC
18.15.020.J. The applicants are encouraged to work with neighboring property owners to
ensure street parking is not overburdened.
Commercial Parking: A reduction in commercial parking requirements may be granted for -
live -work project proposals that contain integrated living and working space, or other
commercial components primarily serving an immediate neighborhood. Proposed
9
reductions shall be reviewed pursuant to provisions for other uses and special cases in
BIMC Table 18.15.020 -1.
Setbacks. Unless required for public safety purposes, such as sight distance, setbacks required
BIMC Titlel8 in any district other than the Mixed -Use Town Center or the High School
Road zoning district may be reduced as described below. Additional vegetative
landscaping screen may be required by director when reducing setbacks.
i ivui acwaL.n wuiiiii project: tv tCCt
Rear setback within project: minimum of 5 feet
Side setback within project: minimum of 5 feet
Roadside Buffers. A reduction in required roadside buffers will consider existing vegetation
and the buffering provided by surrounding properties.
Building Height. Existing bonus height may be achieved as outlined below.
Residential buildings in residential zones outside the Mixed -Use Town Center and High
School Road districts may achieve the extra 5 feet in height provision of the applicable
zoning district through the housing design demonstration project approval process for the
underlying land use permit instead of a conditional use permit process.
Buildings within the Mixed -Use Town Center or High School Road districts may achieve a
maximum building height not to exceed the optional height outlined in BIMC Table
18.12.020 -3.
DENSITY BONUS INCENTIVES
An increase in density may be permitted as outlined below. The city council adopted Resolution
2009 -25 containing a quantitative evaluation method that links maximum residential bonus density
to varying levels of green building and affordable housing provided, as outlined in Table
2.16.020.Q -1 below.
In ai
bllVll. L.1 b.ULU.C,t.b'
TIER 3
rements;to Receive Incentives
:e Development
6.020.Q.4,b) Rousing Did
nd Requirerr
g Design Practices/ (BIMC :
and d 181.'d
BIMC 2.16,020.Q.4.c)
Living Building Challenge:
2.5 x Base Density Net zero energy and water documentation,
reen OR Qualifies in all six performance areas with
Max. Bonus required 16 pre- requisites: site (3), energy (1), NA
Mixed -Use FAR materials (5), water (2), indoor quality (3), and
beauty and inspiration (2).
------------------------------- - - - - -- -----------------------------------------------------------------------------------
2.5 x Base Density LEED Silver, BuiltGreen 4, or 50% affordable
Evergreen Sustainable Development housing
lousing Max. BonOuss Mixed- AND AND
Use FAR Achieve Minimum Required Points in Innovative Home size not large
Site Development Practices than 1600 sq. ft.
TIER -2 _ ;<
- -- - -- - - -- - - -- - -- -------------- - - - - -- ------------- - - - - -- ------
Green I1.5 x Base Density ]LEED Platinum or Gold, or Built Green 5 1- Home size not
- - -- - - - - -- ---------------- - - - - -- -------------------- - - - - --
1
E• I 1 1 e 1 M61 I ITIRm 0
Incentives Requirements to Receive Incentives
In addition to Flexible Innovative Site Development Housing Diversity
Development Standards in (BIMC 2.16.020.Q.4.b)
BIMC 2.16A20.Q.6 ' and ' Requirement
(BIMC
Innovative Building; Design Practices/ 18.20.Q.4.a
Green Building (BIMC 2.16.020.Q.4.c) and d 18.21)
OR For projects pursuing LEED, applicant must greater than 1600
Max. Bonus check off within the LEED checklist a minimum sq. ft.
Mixed -Use FAR threshold for 20 -30% water use reduction AND4 points in
For projects pursuing Built Green, applicant Housing Diversity
must achieve 20 -30% water use reduction category
• For projects pursuing LEED or Built Green,
applicant shall seek to achieve within the
checklist a minimum threshold for 25 -30%
improved energy performance
AND
Achieve Minimum Required Points in Innovative
Site Development Practices
------------------------------- - - - - -- ------------------------------------------------------------------------------------
LEED Silver or Built Green 4
1.5 x Base Density • For projects pursuing LEED, applicant must Home size not
(Zones R -8 & R -14) check off within the LEED checklist a minimum greater than 1600
OR threshold for 20-30% water use reduction
2.0 x Base Density . For projects pursuing Built Green, applicant sq. ft.
AND
not to exceed R -8 must achieve 20 -30% water use reduction
10 pts. of affordable
density • For projects pursuing LEED or Built Green,
Housing housing subcategory
(Zones R -2, R -2.91 applicant shall seek to achieve within the AND
R -3.51 & R -4.3) checklist a minimum threshold for 20 -25% 17 pts. total in
OR improved energy performance Housing Diversity
Max. Bonus AND category
Mixed -Use FAR Achieve Minimum Required Points in Innovative
Site Development Practices
TIER 1
Green NO Density Bonus LEED Certification NA
------------------------------- - - - - -- ------------------------------------------------------------------------------------
Home size not
greater than 1,600
Housing NO Density Bonus NA sq. ft.
AND
7points in Housing
Diversity category
EVALUATION SCORING SYSTEM
For the purposes of implementing this section 2.16.020.Q, city council has adopted an evaluation
scoring system in resolution 2009 -25 dated November 9, 2009. Evaluation of applications for
housing design demonstration programs shall be evaluated pursuant to that scoring matrix as
applied to
this
section 2.16.020.Q,
and in
case of
inconsistency between
the provisions of that
resolution
and
this section,
the
provisions
of the
resolution shall govern.
Resolution 2009 -25
7
contains definitions that are to be used only for purposes of the evaluation scoring matrix, and in
case of inconsistency between those definitions and the definitions in BIMC 18.36, the provisions
in the resolution shall govern, but only as they apply to evaluations for applications for housing
design demonstration programs.
DEMONSTRATION PROJECT VISIT
In order to learn from the innovative design practices used, all demonstration projects completed
under this section 2.16.020.Q shall allow city staff to conduct occasional site tours. 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 will be limited to the exterior and
common grounds of the property, and conducted during regular 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 advance 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.
DEMONSTRATION PERIOD
This section 2.16.020.Q and related provisions of BIMC Title 2, Title17, and Title 18 shall expire
on August 26, 201-2 December 31, 2013.
Section 2. 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 3. This chapter shall take effect on and be in force five days from and after its passage,
approval, and publication as required by law.
PASSED by the City Council this 18"' day of July, 2012.
APPROVED by the Mayor this 18`x' day of _J y, 2012.
Debbi Lester, Mayor
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: April 18, 2012
PASSED BY THE CITY COUNCIL: July 18, 2012
PUBLISHED: July 27, 2012
EFFECTIVE DATE: August 1, 2012
ORDINANCE NO. 2012 -09
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