ORD 2012-12 PERMITTED USES MU WINSLOW WAYORDINANCE NO. 2012-12
AN ORDINANCE of the City of Bainbridge Island,
Washington amending Section 18.09.020 of the Bainbridge
Island Municipal Code (BIMC) regarding permitted uses in the
Mixed Use Town Center and High School Road Districts, and
amending BIMC Section 18.09.030.13 to require that
development on Winslow Way between Madison Avenue and
State Route 305 include a retail and /or commercial component.
WHEREAS, the City of Bainbridge Island has the authority to adopt zoning provisions
pursuant to RCW 36.70A.390; and
WHEREAS, the City Council
approved
Ordinance
No. 2011 -02, "Land Use Code Update ", on
November 18, 2011, and the ordinance
took effect
January 1,
2012; and
WHEREAS, mixed -use development has
been a permitted use within
the Mixed -Use
Town
Center and High School Road
zoning districts since
the Winslow Master Plan was
adopted in 1998;
and
WHEREAS, BIMC Section 18.09.020, as developed and approved through Ordinance No. 2011-
02, erroneously omitted commercial/ residential mixed -use development as a permitted use within the
Mixed -Use Town Center and High School Road zoning districts; and
WHEREAS, Winslow Way between Madison Avenue and State Route 305 is the
commercial heart of downtown Winslow; and
WHEREAS, the City Council has determined that this section of Winslow Way is not
appropriate for developments that are solely residential, and that new development in this area
should include a retail and /or commercial component; and
WHEREAS, timely notice was given to the Department of Commerce in conformance with
RCW 36.70A.106; and
WHEREAS, on August 9, 2012 the Planning Commission conducted a public hearing on
the amendments proposed to Sections 18.09.020 and 18.09.030.13 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 September 26, 2012; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS.
Section 1. Section 18.090.020 of the Bainbridge Island Municipal Code is amended to read
as follows:
Section 2. Section 18.09.030.13 of the Bainbridge Island Municipal Code is amended to
read as follows:
B. Residential.
1. Single - Family Dwellings.
a. In the NSC district, single- family dwellings must be in accordance with zoning in the
R -2 district except that bonus densities may be obtained pursuant to BIMC
18.12.030.1) if applicable.
b. Single - family dwellings in the Mixed Use Town Center:
i. Except for new single- family residences constructed pursuant to subsection
B.l .b.ii of this section, only single - family dwellings that were in existence and
being used as such prior to the enactment of Ordinance 96 -08 are allowed;
existing single- family dwellings are subject to R -4.3 zoning development
standards.
ii. In the Mixed Use Town Center, any new single - family residences proposed after
the enactment of Ordinance 2010 -09 shall only be allowed through an approved
subdivision that qualifies as a housing design demonstration project pursuant to
BIMC 2.16.020.Q. Properties with frontage g Winslow Way between
Madison Avenue and State Route 305, excepting flap; lots, must include a retail
and /or commercial component. Solely residential development is not allowed in
this area.
2. Multifamily Dwellings.
a. In the R -1 and R -2 districts, multifamily dwellings in the Fort Ward historic overlay
district are permitted ( "P ") uses if they comply with BIMC 18.06.080 and 18.24.070.
b. In the R -8SF overlay district, multifamily dwellings are not allowed.
c. In the NSC district, multifamily dwellings must be in accordance with zoning in the
R -2 district, except that bonus densities may be obtained if applicable under BIMC
18.12.020 and 18.12.030.D.
d. In the NSC district, residential units must be located above the ground floor if the
building is located on a collector or secondary arterial or higher road classification;
however, for mixed use projects, if the building fronts on a local or private street,
residential units can be located on the ground floor.
e. Properties with frontage along Winslow Way between Madison Avenue and State
Route 305, excepting flag lots, must include a retail and /or commercial component.
Solely residential development is not allowed in this area.
3. Commercial /Residential Mixed Use Development. Principal and accessory uses shall
comply with the applicable development standards and performance standards of the B/I
and NSC districts as well as the other standards listed here.
a. In the B/I district, a single residential unit for security and /or insurability of the
premises is permitted. No other residential uses are allowed; and
b. In the NSC district, residential units must be located above the ground floor if the
building is located on a collector or secondary arterial or higher road classification;
however, for mixed use projects, if the building fronts on a local or private street,
residential units can be located on the ground floor. Density for mixed use projects in
the NSC district shall be calculated pursuant to BIMC 18.12.030.1),
Section 3. 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 4. 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 26`h day of September, 2012.
APPROVED by the Mayor this 26`h day of September, 012,
Debbi Lester, Mayor
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, City"t1erk
FILED WITH THE CITY CLERK: August 31, 2012
PASSED BY THE CITY COUNCIL: September 26, 2012
PUBLISHED: September 28, 2012
EFFECTIVE DATE: October 3, 2012
ORDINANCE NO.: 2012 -12