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ORD 2000-10 TEMPORARY PARKING FOR FERRY-RELATED PURPOSESORDINANCE NO. 2000-10 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to temporary parking for ferry-related purposes; amending Sections 18.40.020 and 18.81.052, and adding new Section 18.81.054 of the Bainbridge Island Municipal Code. WHEREAS, the voters of Washington state approved Initiative 695 on November 2, 1999, which resulted in reductions in transit service and a corresponding increase in the need for ferry- related parking; and WHEREAS, the City Council has determined that it is in the best interests of the City to authorize the use of property within walking distance of the Ferry Terminal Overlay District for ferry-related parking on a temporary basis under the limited circumstances described in this ordinance; and WHEREAS, currently the City code does not contain any regulations relating to temporary uses in the City; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. read as follows: Section 18.40.020 of the Bainbridge Island Municipal Code is amended to 18.40.020 Land Uses No use is allowed except as indicated in the following table: Permitted Uses. Uses designated by the letter "P" are permitted on any lot in the zones indicated, subject to all applicable regulations and the design guidelines contained in Chapter 18.41 BIMC. Conditional Uses. Uses designated by the letter "C" may be authorized as conditional uses, in accordance with the provisions of this title and the design guidelines contained in Chapter 18.41 BIMC. Third Reading 8/9/00 Uses Not Allowed: designated by the letters "NP Uses Table Uses not allowed in a particular zone or overlay district are Uses Commercial Retail, except drive-through businesses p2 Retail with screened outdoor storage NP Uses which service the automobile (e.g., gasoline NP service station, car wash, auto repair shops) Commuter-Oriented Retail NP Personal and Professional Services P Entertainment P High School Road l&ll Central Madison Ericksen Ferry Ter- Core Avenue Avenue Gate minal'°'n way~ P (with P (~vith P NP P/C 4 residential)3 residential) 3 NP NP NP NP P/C 4 NP NP NP NP C Hotels, Motels and Inns Bed and Breakfasts Formula Take-Out Food Restaurant P P NP NP NP NP ps p p p p6 NP NP NP NP Agricultural Processing NP Ferry, Terminal and associated docks, ramps, NP walkways, trails, waiting room, holding areas. Ferry Commuter Parking g P Temporary Ferry Commuter Parking (Reference __C BIMC 18.81.054) Non-commuter Ferry Parking (Reference BIMC NP 18.81.052) Commercial Parking (Reference BIMC P/C 18.81.056) Marinas, boardwalks, public piers P Day care P Miscellaneous Government, Educational, Cultural and P Religious Institution Health Care Facilities P Utilities C Park and Ride Lots NP Home Occupations P Parks P Residential Multifamily dwellings I P NP NP C p12 P P P P NP NP NP NP NP NP -P NP NP NP NP P NP NP P P N, fP NP C C NP NP NP P/C~3 NP NP P NP NP NP NP P P P C P P P C C ~2 P C C C ~2 C C C C NP NP NP NP P P P P P P P P {P {V IP [P NP P (In Mixed use) P P P (in District I, east of SR305 only)7 P NP NP NP NP NP P C C P P Third Reading 8/9/00 -2- Single Family Dwelling ]p9 I p9 I p9 ]NP [NP [ NP P = permitted use C = conditional use NP = use not permitted ~Any development in the Gateway district shall include provisions for a public trails system within the Ravine and/or pedestrian links to the ferry terminal. 2Retail development in the Central Core DistriCt exceeding 5,000 sq. ft. per building footprint is allowed only on Winslow Way and Madison Avenue. 3For new buildings of more than one story, retail has to contain a residential component. 4 In the H.S. Rd. II district, retail use up to 5,000 square-foot building footprint is permitted and between 5,000 and 14,400 square toot building footprint per building is permitted through conditional use permit. s In the district north of Winslow Way, commuter oriented retail is permitted only along Winslow Way, within 100' north of Winslow Way. Buildings shall have customer entrances on Winslow Way. Commuter-oriented retail may be located anywhere south of Winslow Way. 6 In the district north of Winslow Way, personal and professional services are permitted only along Winslow Way, within 100' north of Winslow Way. Buildings shall have customer entrances on Winslow Way. Personal .and professional services may be located anywhere south of Winslow Way. 7 Formula take-out food restaurants may not exceed 4,000 square feet and may not occupy more than 50 percent of any building in the zone in which they are allowed. Only one formula take-out restaurant is permitted in any building. No drive- through windows are allowed. 8 Limited to the 1,121 commuter parking spaces in the Ferry Terminal and Core Districts, and the 173 commuter parking spaces in the Gateway District, as shown on Figure 18 of Exhibit B of Ordinance 98-11, the Winslow Master Plan. The rights to these spaces may be bought, sold, traded, leased or otherwise exchanged between the properties. o Only single family dwellings that were in existence and being used as such prior to the enactment of the ordinance codified in this Chapter. R-4.3 zoning shall apply to such single family dwellings. io All development shall include at least 10% of landscaped or naturally vegetated open space. Parking may be located under the open space. ii Developments 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. 12 South of Winslow Way only. 13Permanent non-commuter ferry parking is permitted in accordance with BIMC 18.81.052A. Temporary non-commuter ferry parking is permitted only with a conditional use permit. in accordance with BIMC 18.81.052B. Section 2. read as follows: Section 18.81.052 of the Bainbridge Island Municipal Code is amended to 18.81.052 Non-commuter ferry parking. Non-commuter ferry parking is permitted in the Ferry Terminal District as provided below. A.=. Permanent Nnon-commuter parking spaces may be developed in underbuilding or below grade parking in the Ferry Terminal Overlay District, providing: 1. For each existing surface ferry parking space identified in Exhibit B of Ordinance 98-11 (the Winslow Master Plan) that is moved Third Reading 8/9/00 -3- underbuilding or below grade, one non-commuter additional parking space may be developed underbuilding or below grade. 2. The total number of non-commuter additional parking spaces may not increase the total parking inventory of 1,121 spaces, as shown in Figure 18 of Exhibit B of Ordinance 98-11 (the Winslow Master Plan), by more than 353 spaces. No property owner of an existing surface parking lot may increase the total number of spaces on that property by more than 225 spaces. 3. These non-commuter additional parking spaces are only for use by non-commuter ferry passengers. Way. Way. No grade-level, underbuilding parking shall be adjacent to Winslow Ingress and egress to the parking shall be allowed from Winslow 5. Any level of parking contained within or under the structure that is visible from a public street shall be fully screened. Means of screening can include another use, landscaping which provides a vertical screen, street trees or other vegetation. 6. In addition to the screening required in 5) above, the street facade of the parking structure shall be enhanced by architectural detailing, art work (such as mosaic, mural, decorative masonry pattern, sculpture, relied or similar visual interest features. 7. A plan to mitigate visual impact of the parking structure, including the proposed landscaping and street facade treatment, shall be required as a condition of development application approval. 8. As a condition of development application approval, the property owner shall include a plan for designating parking for only non-commuter use and shall demonstrate how restriction of spaces for non-commuter parking will be enforced. Failure to enforce shall subject the owner to the provisions of B!MC Chapter 1.26 BIMC. B. Temporary non-commuter ferry parking spaces may be developed as surface parking in the Ferry Terminal Overlay District under the following conditions: Third Reading 8/9/00 4 1. The property owner shall submit an application for approval for the construction of permanent non-commuter ferry parking spaces under BIMC 18.81.052A. 2. The property owner shall apply for and obtain a conditional use permit authorizing the use of the property for temporary non-commuter ferry parking. Such applications shall be processed as an administrative conditional use under BIMC 18.108.020C. 3. Temporary non-commuter parking lots shall comply with the design and construction requirements of this chapter. except that a. Temporary parking lots and associated driveways may be gravel. provided that all drainage requirements are met. b. Temporary parking lots shall be exempt from the requirements of BIMC 18.81.080(B): c. Temporary parking lots shall be exempt from the requirements of BIMC 18.81.080(D). Internal walkways may be surfaced with gravel. except that walkways providing access to handicapped spaces shall meet accessibility requirements: and d Temporary parking lots are exempt from the landscaping requirements of BIMC 18.81.110 and the screening requirements of BIMC 18.81.120. 4. Notwithstanding BIMC 18.108.060, a conditional use permit authorizing temporary non-commuter ferry parking spaces shall automatically expire 180 days after the date that the permit is issued. The temporary non-commuter parking shall be removed within ten days after the permit expires. 5. Notwithstanding BIMC 18.108.070. the department may grant one extension of a conditional use permit authorizing temporary non-commuter ferry parking spaces for a period not to exceed 180 days if: a. A request for an extension is received by the department no later that 30 days prior to the expiration of the permit; b. Termination of the permit would result in an unreasonable hardship to the applicant. and the applicant is not responsible for the delay in obtaining the approval of the permanent non-commuter ferry parking spaces; Third Reading 8/9/00 -5- c. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property: and d. The temporary non-commuter parking shall be removed within ten days after the permit expires. Section 3. as follows. A new section 18.81.054 is added to the Bainbridge Island Municipal Code 18.81.054 Temporary ferry commuter parking. Temporary ferry commuter parking spaces may be developed as surface parking in the Ferry Terminal. Gateway and Core Overlay District under the following conditions: 1. An application has been submitted to redevelop a property on which existing ferry commuter parking is located. as shown on Figure 18 of Exhibit B of Ordinance 98-11 (the Winslow Master Plan). and this redevelopment will require the temporary displacement of existing ferry commuter parking spaces. 2. The property owner shall apply for and obtain a conditional use permit authorizing the use of the property for temporary ferry commuter parking.- Such applications shall be processed as an administrative conditional use under BIMC 18. 108.020C. 3. The property owner shall comply with the requirements of Section 18.81.052(B.3). 4. Notwithstanding BIMC 18.108.060. a conditional use permit authorizing temporary ferry commuter parking spaces shall automatically expire one year from the date that the permit is issued. The temporary ferry commuter parking shall be removed within ten days after the permit expires. 5. Notwithstanding BIMC 18.108.070. the department may grant one extension of a conditional use permit authorizing temporary ferry commuter parking spaces for a period to be determined by the Director. provided that: Third Reading 8/9/00 -6- a. A request for an extension is received by the department no later that 30 days prior to the expiration of the permit: b. Termination of the permit would result in an unreasonable hardship to the applicant; c. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property: and d. The temporary ferry commuter parking shall be removed within ten days after the permit expires. Section 4. This ordinance shall take effect and be in force five days from and after its passage, approval and publication as required by law. PASSED by the City Council this 9~ day of August 2000. APPROVED by the Mayor this 10~h day of August 2000. D ig~')~t Sutton, Mayor" ATTEST/AUTHENTICATE: ~asper, City Clerk APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: April 24, 2000 August 9, 2000 August 16, 2000 August 21, 2000 2000-10 Third Reading 8/9/00 -7-