ORD NO. 2014-14 ZONING REGULATIONS FOR TEMPORARY PARKING LOTS & STORAGEORDINANCE NO. 2014 -14
AN ORDINANCE of the City of Bainbridge Island, Washington, revising zoning
regulations governing temporary parking for commercial businesses and
commercial parking as a primary use, other than ferry commuter parking and
noncommuter ferry parking, and providing for temporary construction - related
storage.
WHEREAS, the City of Bainbridge Island's current parking regulations for commercial
businesses, found in Section 18.15.020 BIMC, contain restrictions regarding the location, size,
and design of such parking lots which are prohibitive of businesses constructing or using existing
parking lots to satisfy temporary parking needs; and
WHEREAS, local businesses have expressed a need for temporary commercial business
parking lots to serve customer, employees and construction workers where the business is either
remodeling or undertaking a construction project that impacts the available parking or where the
business has outgrown its original parking accommodations and is in the process of seeking a
permanent solution; and
WHEREAS, the City Council adopted Ordinance No. 2014 -08, establishing emergency
interim regulations that address this issue on February 19, 2014; and
WHEREAS, the City Council understands that businesses needing to take advantage of
the interim temporary parking regulations due to construction activities will also likely need to
store construction - related equipment, materials, and supplies to support the construction
activities; and
WHEREAS, current regulations relating to temporary storage containers, found in BIMC
18.09.030.J.2, contain restrictions regarding the number of containers, length of time in which
they may be placed at a property, and the location on a property upon which they may be placed
which are prohibitive of commercial businesses using storage containers for purposes of
temporary construction storage; and
WHEREAS, the City Council adopted Ordinance No. 2014 -13, amending Ordinance No.
2014 -08 to establish emergency interim regulations addressing the construction storage issue on
March 24, 2014; and
WHEREAS, there are likely to be businesses within the City in the future with a need to
procure temporary parking lots to accommodate customers and /or employees due to the
circumstances described above; and
WHEREAS, the City Council desires to provide flexibility in accommodating
commercial parking needs for businesses in these limited circumstances, necessitating the
adoption of permanent regulations for temporary parking; and
DRAFT August 11, 2014
WHEREAS, the Planning Commission conducted study sessions on March 27 and April
24, 2014, and
WHEREAS, the Planning Commission conducted a public hearing on June 12, 2014 and
forwarded their recommendation to the City Council; and
WHEREAS, the City Council conducted a public hearing on temporary commercial
parking and storage related uses on August 11, 2014; and
WHEREAS, notice was given on May 30, 2014 to the Office of Community
Development at the Washington State Department of Commerce in conformance with RCW
3 6.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 18.09.020 of the Bainbridge Island Municipal Code is amended as
shown in Exhibit A.
Section 2. Subsections 18.09.030.J.2 and .3 of the Bainbridge Island Municipal
Code, Use Specific Standards, are amended to read as follows:
J. Temporary Uses
2. Temporary Container Storage
a. In residential zones, Temporary Container Storage units may be placed on or
at a property for a period not to exceed thirty (30) calendar days in a single
calendar year, with ene two portable storage units allowed at a site at a time.
There are two allowances per calendar year.
b. In commercial and mixed -use zones, Temporary Container Storage units may
be placed on or at a property for the duration of the specific development
project or within eighteen months of the development approval, whichever
comes first. In those zones, it is encouraged to co- locate such temporary
storage on available current or temporary commercial parking lots.
c. b. Temporary Container Storage Units shall be placed in the driveway or
other paved or resurface. The unit shall not be placed within any public
right -of -way including sidewalks. In residential zones, Tthe unit shall not be
placed within a required setback area. At the discretion of the City, the unit
may be placed in an alternative location, provided that the alternative location
does not create an unsafe condition.
Temporary Gam Commercial Parking
Temporary eentmeter commercial parking lots shall comply with the
provisions of BIMC 18.15.020.I.
t�
Section 3. Section 18.15.020.I of the Bainbridge Island Municipal Code, Parking and
Loading, is amended to read as follows:
I. Temporary re e Commercial Parking,
This section does not apply to Commuter or Noncommuter Ferry Parkin, .
Temporary ems commercial parking lots are permitted in the Mixed Use Town
Center and High School Road districts under the following conditions:
A land use application for property located within the Mixed Use Town Center or
High School Road Districts and anticipated construction activities related to the
project will reduce availability of existing parking spaces for customers and
employees and /or create a need for construction workeri*g parking. -; or the
parking needs of the commercial business have increased and, having outgrown
its original arking accommodations, the commercial business is in the process of
seeking a permanent solution.
2. Si4e Plan and Desill uftnt to BIMC- 2.16.040 shall be fequired prier
pafking lot The application shall be exempt from site plan and design review
pursuant to BIMC 2.16.040. The application shall be processed as an
administrative a royal under BIMC Title 2. Clearing or grading permits may be
required if a new surface lot is being created or expanded. The city shall request
assurances that all significant trees are retained and remain protected during anY
clearing or grading, pursuant to subsection (6).
3. 1 "emporary commercial business parking lots shall comply with the design
and construction requirements of this chapter, except that:
a. Temporary commercial business parking lots shall be exempt from the
landscaping requirements of subsection J.3.a of this section and BIMC
Sections 18.15.010 and BIMC 18.15.030;
b. Temporary commercial business parking lots may be surfaced with
gravel, provided, that all drainage requirements are met; and
c. Temporary commercial business parking lots shall be exempt from the
requirements of subsections C.2.c and D.5 of this section_.
4. -5-, Approval of the a temporary eo commercial parking lot shall expire
upon completion of the specified project or within eighteen months Hof
the lot's building_ permit approval, whichever comes first. To
prevent serial use of a property as a temporary eentmeter commercial parking lot,
a property shall not be utilized for such parking for more than three years within a
10 -year period. The department may grant one extension of a permit authorizing
temporary commercial business parking for a period not to exceed 180 days if:
a. A request for an extension is received by the department no later than
30 days prior to the expiration of the permit,
b. 'Termination of the permit would result in an unreasonable hardship to
the applicaizt, and the applicant is not responsible for the delay in securing
permanent parking spaces, and
c. An extension of the permit will not cause substantial detriment to
existing uses in the immediate vicinity of the subject property_
5. 6. A temporary uter commercial parking lot shall meet the requirements of
BIMC 15.20 (Surface and Stormwater Management);, except that any existing
parking lot being Used as a temporary commercial business pwking lot shall not
be required to be _improved to meet current standards 1711\Ti4G 18.1- 15.02rtT .5
(Setbae-ks`d BIN4G 1815.0 F. Dust shall be controlled during construction
of and use of a temporary commercial parking lot,
6. 7, All temporary eeper commercial parking lots shall be designed to retain all
significant trees, as defined in BIMC 18.36, except when removal of hazardous
trees is permitted pursuant to BIMC 15.08.049 16.20.040 (Critical Areas) or
18.15.010.C.1. (Tree Retention, Protection and Replacement). This sign"{'
tree fete „tio prevision plies to all temper-afy ntre„ tor- par -king lots ifieluding
these proposed for prvpei4ies --in he Central- Cede- or- Ferry To,.,,- ina Over -lay
DistrietFT. For those significant trees impacted by construction activity within their
driplines, the applicant shall submit a retention plan, meeting the requirements of
BIMC Section 18.15.010.C.4, prepared by a certified arborist addressing the
impact of construction activity to the trees and the likelihood for five -year
survivability. The d reet„r m „therize removal of s;gnifiea t trees to f eilitate
den strate ihall{ I{313., n}rr nr beIowAn.— Jbee-. gati,$ied-
z,. Alternative lay"ts afe not possible beeaaruse - the tfee loeir ion
meeting r re,l dfiying aisle and narking stall dimensions;
1. The lack of near-by, street narkifig pr—events redder,., of proposed par -k
v. ,
sl�t�
and
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c- .—Site ehgrcaetef sties - related to access points, topogfaphy, -a n-ea
pfeehide ahe,.,-,.,tiye la yeu4s that would allow retention of the trees
d. Removal of ao trees, Eat r$ ifi@C -iii T)T AO 1,Z OQ AAA 11 xR� r TVA ti tt�, shall not bc
eelu e.l by these s nifiea„t tree reten4ie r
7. 8-. An application for the a temporary eentmeter commercial parking lot shall
include a restoration plan addressing revegetation and removal of newly created
parking surfaces. An assurance device, guaranteeing completion of restoration,
4
shall be posted with the city prior to issuance of clearing and /or grading permits.
term of the j�c'c"r ;*,a _1 ,+ ..—n tinuanceo_tl3P pt9rkii3 uSP; iv133132b`$r
oeeurs - Temporary commercial parking that was newly created through this
permit shall be removed and site restoration complete within 30 days after the
permit expires, This provision will not apply if another coii-imercial business will
begin to use the parking lot within 60 days.
8. An application for a temporary commercial parking lot shall include a plan for
prohibiting parking for ferry commuter and noncommuter use and shall
demonstrate how restriction of spaces for general public /customer and /or
employee use will be enforced. Failure to enforce shall subject the owner to the
provisions of Chapter 1.26 BIMC.
9. A portion of a temporary commercial business parking lot developed_ !o
accommodate employees and /or the general public during construction activities
may be utilized to store or park construction- related egui t= materials, and
supplies if it does not create a safety hazard for pedestrians and vehicles utilizing
the parking lot. Construction- related eyuipm.ent, materials, and supplies shall be
stored in appropriate containers or bins to the extent feasible or on the ground in
well - stacked, neat piles. The temporary construction storage containers and bins
shall be exempt from the requirements of BIMC 18.09.030.J.2. Large
construction equipment may be puked in parking spaces. As a condition of
application a rovaI the commercial business planning to use a portion of the
parking, lot to store or park construction-related- equipment, materials, and
supplies must include a plan to alert employees and the ,general public Using, the
parking lot to the-presence of such items.
10. All applicable provisions of BIMC Chapters 16.12 (Shoreline Master Program)
and Chapter 16.20 (Critical Areas), must be met in the design and use of any
temporary commercial parking lot.
11. The use of any temporary commercial parking lot shall comply with the Air
Quality Emissions Performance Standards of BIMC Section 18.06.030.B.2.
Speeifleally, the pafking lot shall not be used as a storage area fer eenstr-ue
Section 4. The definition of "Temporary Contractor Parking Lot" in Section
18.36.030 of the Bainbridge Island Municipal Code, Definitions, is amended to read as follows:
240. "Temporary Ge Commercial Parking Lot" means a temporary surface
parking _lot established to accommodate parking of vehicles or construction - related storage for a
commercial business , nsti= ,etien related workers er for- busifiess o .,l ffe05 dispiffeed by efi s; +o
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance
is held to be invalid or unconstitutional by a court of competent jurisdiction, the invalidity or
unconstitutionality does not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 6. Effective Date. This ordinance shall take effect August 23, 2014 and be
published as required by law.
PASSED BY THE CITY COUNCIL this 11th day of August, 2014.
APPROVED BY THE MAYOR this 11th day of August, 2014.
&4-L,' J.' Y24-L-�
Anne S. Blair, Mayor
ATTEST/AUTHENTICATE:
\Q t'SA
Rosalind D. Lassoff, C C, City Clerk
FILED WITH THE CITY CLERK: July 23, 2014
PASSED BY THE CITY COUNCIL: August 11, 2014
PUBLISHED: August 15, 2014
EFFECTIVE DATE: August 23, 2014
ORDINANCE NUMBER: 2014 -14
n
ZONING DISTRICT Winslow Mixed Use 1
HSR I.
Use Specific
Town Center
R- R- R -5 R-6 R-8 R and NSC
R- R- R -2
Bll W Standards
.
0.4 1 2.9 3.5 4.3 14 CC MA EA Gate Ferry ' II
I 18.09.030
USE CATEGORY / TYPE 4 [1 ]
PRINCIPAL USES
PRIVATE MOTOR VEHICLE RELATED
Note: Private Motor Vehicle Related uses may be subject to additional requirements in BIMC 16.12.270 Transportation facilities
Commercial Parking Structure
C
Commercial Parking, Surface
P
P
E -2
Ferry Commuter Parking
P
P
P
E -3
Non - commuter Ferry Parking
C
E -5
TEMPORARY
Temporary Construction Building
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
J -1
Temporary Container Storage
T
T
T
T
T
T
T
T
T
TIT
T
T
T
T
T
T
T
T
J -2
Temporary SeatFaGtef
T
T
T
T
T
T
J -3
Commercial Parking
Temporary Ferry Commuter
T
T
T
J -5
Parking
Temporary Non - Commuter
T
J-6
Parking
[1] In the Ferry Terminal District, all development shall include at least 10 percent of landscaped or naturally vegetated open space.
Parking may be located under the open space. Development south of Winslow Way shall include pedestrian walkways that connect to
Winslow Way East and Olympic Drive Southeast, and /or that align with Cave Avenue and Ferncliff Avenue.
Exhibit A