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ORD 2000-13 DENSITY CALCULATIONS & WETLANDS AREASORDINANCE NO. 2000 - 13 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, relating to density calculations and wetland areas, amending Section 16.20.090.C, D and E of the Bainbridge Island Municipal Code (BIMC). WHEREAS, with Ordinance No. 92-07, the City adopted a critical areas ordinance to protect environmentally sensitive areas including wetland; and WHEREAS, the Bainbridge Island Comprehensive Plan provides for the protections of wetlands and allows some density transfer from regulated wetland areas; and WHEREAS, the City has determined that predictability in density calculations is necessary to assure proper planning and design of residential subdivisions through the flexible lot design subdivision ordinances; and WHEREAS, the current methodology does not provide enough direction to adequately protect wetlands; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN, as follows: Section 1. Section 16.20.090.C, D and E of the Bainbridge Island Municipal Code is amended as follows: C. Limited Density Calculation. The Director shall not allow credit for density for the portion of the site occupied by regulated wetlands except in the R-0.4 zone, where complete density credit is allowed for regulated wetlands occupying up to 20% of the total site provided that there are no direct impacts to the wetlands or required buffers. In the R-0.4 zone. if the regulated wetlands occupy more then 20% of the total site, the density credit for the wetlands shall be calculated for no more then 20% of the total site area. 2. When a property to be developed contains a wetland buffer, the allowable density for the area containing the buffer shall be determined using the formula in subsection a. below. The formula for density calculations is designed to provide for the preservation of wetland and wetland buffers. flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetland buffers are located. a. Formula for Densit. v Calculation of Wetland Buffer Area Area in Wetland Bu. lTer x Density Credit (see table below) ~ Base Densi.ty (minimum lot area per dwelling unit) = Allowed densi.ty for buffer area. Percentage of site in wetland Density: Credit:: buffer 1-10% 100% 11-20% 90% 21-30% 80% - 31-40% 70% 41-50% 60% 51-60% 50% 61-70% 40% 71-80% 30% 81-90% 20% 91-99% 10% b. The buffer density is added to the base density for the remaining portions of the parcel to determine the allowed maximum base density for the property containing wetland and/or wetland buffers. 3. The buffer density can only be transferred ~vithin the development proposal site except as allowed in subsection 4, below. Resulting lot area shall be sufficient in size to accommodate an on-site septic system if no sanitary sewer system is available to serve the property. 1. Applicants, except as provided in subsection C.2 of this section, will not be allowed to include the area of the wetland in density calculation. 2. An applicant may choose to use the planned unit development (PUD), subdivision, or short subdivision processes to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot by lot development. Through the subdivision, short subdivision or PUD provisions, some or all of the wetland area may be included in the density calculation on a case by case basis, but may not allo~v the maximum density to be achieved. a. The benefit from this subsection should be applied cautiously, xvith due regard for the purposes of this chapter as stated in BIMC 16.20.010 and the follo~ving criteria: i. The extent to which the propcw,,ed activities ~vill result in the conservation, alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and ~vildlife resources, and hydrological conditions; ii. The extent to ~vhich the proposed activity will jeopardize the continued 2 existence of endangered, threatened, rare, sensitive, monitor species as listed by the federal government or the state of Washington; iii. Whether the proposed activity is likely to cause measurable degradation of groundwater or surface water quality; iv. Whether the proposed activity complies with all state, local and federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on site wastewater disposal; v. The extent to which the impacts to wetlands will be mitigated; and vi. Whether there is likely to be any damage to nearby public or private property or an3' threat to public health or safety. 4~ b:. If a regulated wetland, required buffer and/or stream buffer is retained in a permanent conservation easement, density credit for the area in the conservation easement may be used for tax credit or as part of a transfer of development rights or purchase of development fights program. To obtain density credit for the subject property as part of development on the subject property, the applicant must follow the procedures in BIMC 16.20.090.C.2. D. Subdivision and Short Plats 1_. Recording. If property is the subject of a subdivision or short subdivision the designation o'f any open space tract, wetlands or wetlands buffer shall be clearly marked as an easement on the plat, and any restrictions on use of the open space tract, wetlands, or wetlands buffer shall be included in the open space management plan and noted on the plat. ~. 2~ Creation of New Lots. New lots shall contain at least one building site, including access, that is suitable for development and is not within the regulated wetland or its buffer. Section 2. This ordinance 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 28th day of June 2000. APPROVED by the Mayor this 29th day of June 2000. D ght Sutton, Mayor ~CityU~'~lerk~ APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE City Clerk: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: May 17, 2000 June 28,2000 September l6,2000 September21,2000 2000-13 3