ORD 2000-19 FORT WARD HISTORIC OVERLAY DISTRICTORDINANCE NO. 2000-19
AN ORDINANCE of the City of Bainbridge Island, Washington,
implementing Comprehensive Plan policies related to the Fort
Ward area (Ordinance 97-27) and establishing the Fort Ward
Historic Overlay District and related development standards;
adding new Chapter 18.31 and amending Sections 18.19.020,
18.30.020 and 18.30.040 and amending the City of Bainbridge
Island Official Zoning Map.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, which has
subsequently been amended;
WHEREAS, in recognition of the unique character of the Fort Ward area, and the impact that
increased residential development could have on that character, the City and the community
undertook a study to identify actions that would help retain the character of Fort Ward and guide
future development;
WHEREAS, the Fort Ward Action Plan was completed in November 1996 after a collaborative
effort by property owners and residents, the State Office of Archaeology and Historical
Preservation, the local Historical Society, Bainbridge Island Parks and Recreation, and the City;
WHEREAS, on December 4, 1997, the City Council passed Ordinance 97-27 to amend the
Comprehensive Plan to incorporate certain recommendations of the Fort Ward Action Plan; and
WHEREAS, the City hereby establishes a Fort Ward Historic Overlay District; now therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN, as follows:
Section 1. Section 18.09.020 of the Bainbridge Island Municipal Code is amended
as follows:
The city shall be divided into the following zones:
A. R-14, 14 units per acre (3,100 square feet) zone;
B. R-8, eight units per acre (5,400 square feet) zone;
C. R-6, six units per acre (6,543 square feet) zone;
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D. R-5, five units per acre (8,712 square feet) zone;
E. R-4.3, four-and-three-tenths units per acre (10,000 square feet) zone;
F. R-3.5, three-and-one-half units per acre (12,500 square feet) zone;
G. R-2.9, two-and-nine-tenths units per acre (15,000 square feet) zone;
H. R-2, two units per acre (20,000 square feet) zone:
I. The Fort Ward Historic Overlay District;
3. J_. R-1, one unit per acre (40,000 square feet) zone;
3. K R-0.4, one unit per 2.5 acres (100,000 square feet) zone;
~. L__. Winslow Mixed Use Town Center zone; with five overlay districts: central core,
Madison Avenue, Ericksen Avenue, gateway and ferry terminal;
t~. M. High School Road I and II zones;
M. N..~. NSC, neighborhood service center;
N-:. O_~. LM, light manufacturing zone;
O. P_. WD-I, water-dependent industrial zone.
Section 2.
as follows:
Section 18.30.020 of the Bainbridge Island Municipal Code is amended
1830.020 Permitted uses.
Permitted uses in the R-2 zone are:
A. Accessory dwelling units;
B. Accessory parking on that parcel designated as R-2, as provided for in the Lynwood Center
special planning area;
C. Accessory uses and buildings;
D. Agriculture and accessory uses except agricultural processing;
E. Family day care homes;
F. Manufactured homes;
G. Minor home occupations;
H. Public parks and playgrounds;
I. Single-family dwellings built to UBC standards.
J. Multi-family dwellings in the Fort Ward Historic Overlay District. at densities identified in
BIMC 18.31. and developed in accordance with the standards in that chapter.
Section 3.
as follows:
Section 18.30.040 of the Bainbridge Island Municipal Code is amended
18.30.040 Lot area and density.
A. The density shall be two units per acre.
B. The base density for that parcel in the Lynwood Center special planning area
designated as R-2 is two units per acre but may be increased up to three 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.
C. The base density for certain parcels in the Fort Ward Historic Overlay District may be
increased in accordance with Chapter 18.31 BIMC.
G.D__~. The minimum lot area shall be 20,000 square feet, except as provided in subsection
B and C of this section.
]}.E_. When a short plat or subdivision of land is proposed where all proposed lots meet
the minimum lot area in subsection Q Dolthis section but do not meet the density
requirement in subsection A of this section, the short plat or subdivision may be
approved containing no more than one more lot than would be allowed by the
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November 8, 2000
underlying density; provided, that all lots meet the minimum lot area.
Section 4.
as follows:
A new Chapter 18.31 is added to the Bainbridge Island Municipal Code
Chapter 18.31
Fort Ward Historic Overlay District
18.31.010 Purpose
The purpose of the Fort Ward Historic Overlay District is to recognize the historic nature
of the Fort Ward area and maintain and integrate its historic elements into the community. This
chapter identifies buildings of historic interest in the Fort Ward Historic Overlay District,
establishes incentives for maintaining and rehabilitating the historic character of these buildings,
and establishes the standards and process for historic rehabilitation.
18.31.020 Establishment of Boundaries
The provisions of this chapter shall apply to the Fort Ward Study Area as shown in Attachment 1
to this Ordinance, referred to as the Fort Ward Historic Overlay District.
18.31.030 Definitions
Certificate of review "Certificate of review" means a certificate representing that the
Fort Ward Historic Review Committee has reviewed the proposed changes to a building of
historic interest and certified the changes as not adversely affecting the historic characteristics of
the property.
Emergency repair for historic buildings "Emergency repair for historic
buildings" means work necessary to prevent destruction or dilapidation of a building of historic
interest immediately threatened or damaged by fire, flood, earthquake or other disaster.
Ordinary repair and maintenance for historic buildings "Ordinary repair and
maintenance for historic buildings" means work for which a permit issued by the City is not
required by law, and where the work does not alter the exterior of a building of historic interest.
Rehabilitation "Rehabilitation" is the process of returning a property to a state that
makes contemporary use possible, while still preserving those portions of the property that are
significant to its historical, architectural and cultural values.
18.31.040 Fort Ward Historic Review Committee
A. Creation and Size. The Fort Ward Historic Review Committee (Committee) shall consist of
no fewer than five members as provided in subsection B of this section. The mayor, with the
approval of the City Council, shall appoint members of the Committee.
B. Composition ofthe Committee. All members of the Committee must have a
demonstrated experience in architecture, architectural history, historic rehabilitation and/or local
history. In making appointments, the mayor may consider names submitted from any source, but
the mayor shall notify the Bainbridge Island Historical Society, the Fort Ward Neighborhood
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November 8, 2000
Association and other community organizations of vacancies so that names of interested and
qualified individuals may be submitted by such organizations for consideration along with names
from any other source.
C. Terms Committee members shall be appointed for two-year terms and until their
successors are appointed; except that three of the original Committee members shall be appointed
for one-year terms, and two of the original Committee members shall be appointed for two-year
terms. The mayor shall fill vacancies for the remainder of unexpired terms in the same manner as
the original appointment.
D. Powers and Duties. The Committee shall serve as the review authority on matters of
historic rehabilitation and maintenance. As required by this Chapter, the committee shall review
such proposals for compliance with the standards for maintenance or rehabilitation of the
exteriors of buildings of historic interest contained in Section 18.31.070, and shall issue a
certificate of review in a form to be approved by the City. The Committee shall further provide
review and advice to property owners voluntarily seeking to rehabilitate and/or maintain the
character of buildings of historic interest.
E. Rules and Procedures. The Committee shall establish and adopt its own rules of
procedure, and shall select from among its membership a chairperson.
F. Staffing. The Department of Planning and Community Development shall provide starf
assistance to the Committee.
18.31.050 Increases inDensity
Increases in density above the underlying base density are permitted as follows:
A. Residential density bonuses may be available for providing affordable housing pursuant to
BIMC 18.90.
B. The building of historic interest identified as Building 16 on Attachment 2 to this ordinance,
tax parcel number 11240230042003, shall be permitted an increase in density up to a total of
eight (8) units provided that the following development standards are met:
1. The exterior of the building is rehabilitated and maintained in accordance with the
standards established in Section 18.31.070.
2. The proposed work is reviewed by the Fort Ward Historic Review Committee, and a
certificate of review is issued, in accordance with Section 18.31.080.
3. A minimum of five feet of partial screen perimeter landscaping shall be provided along
side and rear property lines. This requirement may be met by retaining existing vegetation on
the property, or planting new vegetation. The perimeter landscaping requirement may be
waived as part of the final decision on the permit, upon written agreement from adjoining
properly owners.
4. Surface parking is encouraged to be located behind the building. Any surface parking that
is adjacent to residential uses shall be fully screened so as to prevent headlights from shining
on the adjacent residential uses.
5. Parking may be located along the south property line, provided that it is enclosed within a
structure.
6. The applicant shall provide community meeting space of not less than 500 square feet.
a) This community meeting space may be provided within Building 16; or
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C,
b) Upon approval by the City, this requirement may be met by the applicant making a
financial contribution equal to the cost of constructing a 500 square foot meeting space
and one unisex bathroom stall within Building 16. If this option is used:
i. The applicant shall submit cost estimates to the City Building Official for the
construction of the meeting space as described in b) above;
ii. The payment shall be held in a reserve account and may only be expended in
support of the construction of a community meeting space in the Fort Ward Historic
Overlay District;
iii. The payment shall be expended in all cases within five years of collection;
and
iv. Any payment not so expended shall be refunded with interest to the property
owners of record at the time of the refund; however, if the payment is not expended
within five years due to delay attributable to the developer, the payment shall be
refunded without interest.
7. The applicant complies with the requirements of Section 18.31.090 prior to issuance of an
occupancy permit.
Certain properties within the Fort Ward Historic Overlay District which contain a structure of
historic interest, as identified on Attachment 2 of this ordinance, shall be permitted to develop
to the historic density as shown in the chart below, provided that
1. The exterior of the building is rehabilitated and maintained in accordance with the
standards established in Section 18.31.070.
2. The proposed work is reviewed by the Fort Ward Historic Review Committee, and a
certificate of review is issued, in accordance with Section 18.31.080.
3. The applicant complies with the requirements of Section 18.31.090.
· Building Number Tax Pared Number Density
Building 13 11240230022005 Up to 3 units
Building 18 41470050010004 2 units
Building 19 41470050020102 2 units
Building 20 41470050030002 2 units
Building 21 41470050040001 2 units
1831.060 Maintenance and Rehabilitation of Other Buildings of Historic Interest
A. Buildings B and C, (tax parcel number 80970000000007, a total often units), as identified on
Attachment 2 to this Ordinance, are buildings of historic interest that contribute to the character
of the Fort Ward Historic Overlay District. Any project to alter, reconstruct, remodel, or restore
the exterior of the subject buildings that requires permits from .the City shall require review by the
Fort Ward Historic Design Review Committee for compliance with the standards established in
Section 18.31.070, and issuance of a certificate of review in accordance with the pr.ocedures
established in Section 18.31.080.
B. The buildings shown in the chart below, and identified on Attachment 2 to this Ordinance, are
buildings of historic interest that contribute to the character of the Fort Ward Historic Ove~ay
District. The rehabilitation and maintenance of these buildings is to be encouraged. Any owner
who wishes to alter, reconstruct, remodel, or restore the exterior of the subject buildings in a
manner that maintains its historic character may request the review services of the Fort Ward
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Historic Review Committee. The Committee shall be available to review the proposed changes,
and to advise the applicant as to design elements, construction techniques and materials that
would be compatible with the historic character of the specific building.
Building Number Tax Parcd NUmber:~,i~
Building E 11240220032006
Building 46 41470050050000
Building 47 41460010030002
Building 48 41460010010103
Building 49 41460030050006
Building 50 4 1460030030008
Building 51 41460030010000
Building 60 41460010050000
The rehabilitation and maintenance of any other buildings of historic interest within the Fort
Ward Historic Overlay District is to be encouraged. Any owner who wishes to alter, reconstruct,
remodel, or restore the exterior of these buildings in a manner that maintains its historic character
may also request the review services of the Fort Ward Historic Review Committee.
18.31,070 Standards for Maintenance or Rehabilitation of the Exteriors of Buildings of
Historic Interest
A. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its context.
B. The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
C. Each property shall be recognized as a physical record of its time, place and use. Changes that
create a false sense of historical development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
D. Many properties change over time; those changes that have acquired historic significance in
their own right shall be retained and preserved.
E. Distinctive features, finishes and construction techniques or examples of craftsmanship that
characterize a property shall be preserved.
F. Deteriorated architectural features shall be repaired rather than replaced. Where the severity
of deterioration requires replacement of a distinctive feature, the new feature shall match the old
in design, color, texture, and other visual qualities, and where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical, or pictorial evidence.
G. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of buildings, if appropriate, shall be undertaken using the
gentlest means possible.
H. Significant archaeological resources affected by a project shall be protected and preserved. If
such resources must be disturbed, mitigation measures shall be undertaken.
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November 8, 2000
I. New additions, exterior alternations or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale and architectural features to protect the historic
integrity of the property and its environment.
J. New additions and related new construction shall be undertaken in such a manner that if
removed in the future, the essential form and integrity of the historic property and its environment
would be unimpaired.
18.31.080 Application and Review by the Fort Ward Historic Review Committee
A. Certificate of Review Required.. No applicant shall alter, reconstruct, remodel, or restore
the exterior of the subject buildings pursuant to Section 18.31.050 B or C and Section
18.31.060A, and no city permit or approval of such activity shall be issued without review by the
Fort Ward Historic Review Committee and without issuance of a certificate of review by the
Committee.
B. Preliminary Review.
1. Upon submittal of application for site plan and design review permit or building permit, the
applicant shall schedule a preliminary review meeting with the Committee. A staff planner shall
also attend the preliminary design review meeting.
2. Prior to the review meeting, the applicant shall provide Committee members with "as is"
photographs of the subject building and site; a site plan showing the location of the building or
buildings; the proposed method of cleaning and treating masonry and other surfaces; exterior
elevations of the front and side with a description of the proposed type and finished color of
exterior siding, proposed windows and roofing to be used; and proposed architectural features and
trim. All diagrams shall be drawn to scale. The Committee may request additional information
and/or a site visit as necessary for their review and recommendation. Any conditions agreed to in
this meeting shall become conditions of approval of the permits granted.
C. Final Review
Prior to issuance of permits, the applicant shall schedule a final review meeting with the
Committee. A staff planner shall also attend the final review meeting. Upon determination that
conditions specified in the preliminary design review and the requirements of this chapter are
met, the Committee shall issue a final certificate of review in a form to be approved by the City.
The final certificate of review shall be attached to the building permit.
D. Exemptions Emergency repairs, ordinary repair and maintenance and interior
remodeling shall not require a certificate of review.
1831.090 Notice on Title
Prior to issuance of building permit, the owner of any property seeking an increase in density
pursuant to Section 18.31.050 shall record with the Kitsap County auditor a restrictive covenant
in a form approved by the City. Such document shall provide notice in the public record of the
requirement that any alteration, reconstruction, remodel, repair, or restoration of the exterior of
the subject buildings must comply with the provisions of this chapter. The applicant shall submit
proof to the City that the restrictive covenant has been filed. The covenant shall run with the land
and failure to provide such notice to any purchaser prior to transferring any interest in the
property shall be in violation of this chapter.
18.31.100 Relationship to Underlying Zoning
Any applications for development within the Fort Ward Overlay District not subject to the
provisions of this Chapter shall comply with the regulations for the underlying zone (R-2).
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November 8, 2000
Section 5. The City of Bainbridge Island Official Zoning Map is amended to establish
the boundaries of the Fort Ward Historic Overlay District, as shown on Attachment 1 to this
Ordinance.
Section 6 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 8ttday of Novembe~r2000.
APPROVED by the Mayor this 8tlzlay of Novembel~000.
ATTEST/AUTHENTICATE:
K~s~r,'C~
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
June 21, 2000
November 8, 2000
November 15, 2000
November 20, 2000
2000-19
Third Reading
November 8, 2000
Fort Ward Historic
Overlay District
N
A
Fort Ward
State Park
Legend
Fort Ward Historic
D Overlay District
~i~Wetlands
aS0' Wetlands Buffer
~Historic Parade Grounds
kb~l~,Df.~ru,e~
.k~ 1.20~
50O 0
500 Feet
ATTACHMENT 1
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