ORD 2012-10 SUBDIVISION OF PROPERTIES IN CRITICAL AREASORDINANCE NO. 2012-10
AN ORDINANCE of the City of Bainbridge Island,
Washington allowing the subdivision of property in areas that
contain liquefaction hazard critical areas and amending Section
18.12.020 -1 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, the City Council determined that subdivision of property should be allowed
in areas encumbered by liquefaction hazard critical areas; and
WHEREAS, timely notice was given to the Department of Commerce in conformance with
RCW 36.70A.106; and
WHEREAS, on June 28, 2012, the Planning Commission conducted a public hearing on
the amendments proposed for Section 18.12.020 -1 of the Bainbridge Island Municipal Code and
recommended approval of the proposed changes; and
WHEREAS, the City Council conducted a public hearing on the proposed amendments
on August 15, 2012; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 18.12.020 -1 of the Bainbridge Island Municipal Code is amended to
read as follows:
Table 18.12.020 -1 Flexlot Dimensional Standards for Residential Zone Districts
[Numbers in brackets indicate additional requirements listed at the end of the table.]
Open Space
Short and Long
Subdivision
Short and Long
Cluster
Subdivision
(Large Lot
Subdivision
If the parcel is served by a public sewer system or the septic drainfield is
located outside of the lot: 5,000 sq. ft. located outside of critical areas and
their buffers (see BIMC Title 16) in every zone district except R -14. Parcels
containing liquefaction hazard critical areas are exempt from the 5.000 sa. ft
urrement.
the septic drainfield is located within the lot-,4hen:12,500 sq. ft., of which
5,000 sq. ft. must be located outside of critical areas and their buffers.
Parcels containing
itical areas are exembt from
t. The health district may reaui
In the R -14 district, the minimum lot area is 3,100 sq. ft.
For all zone districts, the minimum lot size can be reduced below 5,000 sq.
ft. as an incentive for providing additional open space pursuant to BIMC
17.12.030.A.5.
Lot size flexible as long as minimum homesite area met per BIMC
17.12.030.8.
omesite max. 10,000 sq. ft. Homesite max.
7,600 sq. ft.
5 ac or 1 /128th of a section, whichever is smaller
Homesite max. 5,000 sq.
ft.
Short, Long, and The maximum number of lots permitted shall be calculated by dividing the
Large Lot total lot area of the property (without deducting areas to be dedicated as
Subdivisions public rights -of -way or areas to be encumbered by private road easements)
by the minimum lot area for standard lots in the zone district.
iBase Density
1001000 140,000
sq. ft. I sq. ft.
205000 115,000 112,500 110,000 81500 17,260 15,400 3,100
sq, ft. sq. ft. sq. ft. sq. ft. sq. ft. I sq. ft. I sq. ft. sq. ft.
2
orientation of lots shall be appropriate for the type of development and use
contemplated. Corner lots may be required to be platted with additional
width to allow for the additional side yard requirements. When consistent
with neighborhood character, subdivision lots situated along public streets
should be configured to allow future houses to face the street, but this
requirement does not apply to short plats or large lots.
Short and Long Same as applied to the entire property that is the subject of the subdivision
Subdivision application, a portion of which shall be assigned to each lot at the time of
preliminary plat approval.
Large Lot I 10% 15% (20% 25% I25% 25% 25% IN/A 25% 40%
Subdivision
Short, Long, and
Large Lot
Subdivisions [41
Bldg. to bldg. 10 ft., or minimum required by the fire code, whichever is greater
wilding to
xterior plat
oundary line
iilding to SR
5 right -of -way
5 ft. 115 1
5 ft.
Building to other X50 ft.
arterial and
collector rights -
of -way
Building to other 15 ft.
streets
'Building to trail,
open space or
access easement
(except for open
space areas that
are also roadside
landscape
ffers)
10 ft.
40 ft.
Cluster All homesites in a cluster grouping shall adjoin or be located a maximum of
Subdivisions: 25 feet apart from another homesite.
Homesite
clustering
Shoreline See BIMC 16.12.150, Table 4 -2, Use - Related Development Standards
Jurisdiction Matrix, of the shoreline master program, and BIMC 18.12.0301, Shoreline
Structure Setbacks. For properties abutting the shoreline, the native
vegetation zone required by BIMC 16.12.090 replaces the zoning setbacks
along the water.
4
Short, Long, and Height Requirements for Standard Lots apply (see end of table)
Large Lot
Subdivisions
[1] The base density for that parcel in the Lynwood Center special planning area designated as
R -2 is one unit per 20,000 sq. ft., but may be increased up to 3 units per acre; provided, that a
public access easement is granted for that portion of the parcel that lies to the south of Point
White Drive along the waters of Rich Passage. The base density of some parcels in the Fort
Ward historic overlay district may be increased as shown in BIMC 18.24.070.
[2] Pursuant to Chapters 18.18 and 18.27 BIMC the minimum lot area for a dwelling unit shall
be 5,400 square feet for that area designated on the official land use map as the urban single -
family overlay district (R -8SF). All other requirements of this chapter shall apply.
[3] Educational, governmental, cultural, religious, and health care, within residential zone
districts must be processed as major conditional use permits pursuant to BIMC 2.16.110.E.
[4] For flexlot subdivisions and short plats, 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 in Table 18.12.020 -1 shall apply.
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 15"' day of August, 2012.
APPROVED by the Mayor this 15`x' day of Aug -2012
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, Cit Clerk
5
ebbi Lester, Mayor
FILED WITH THE CITY CLERK: July 17, 2012
PASSED BY THE CITY COUNCIL: August 15, 2012
PUBLISHED. August 17, 2012
EFFECTIVE DATE: August 22, 2012
ORDINANCE NO.: 2012 -10
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