ORD 2001-03 AFFORDABLE HOUSINGORDINANCE NO. 2001-03 (Formerly 2000-24A)
AN ORDINANCE of the City of Bainbridge Island, Washington,
related to affordable housing, and amending Section 18.90.020,
Section 18.90.030, Section 18.90.040 and Section 18.90.050 of the
City of Bainbridge Island Municipal Code.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, subsequently
amended, which contains a Housing Element that establishes goals and policies for the provision of
affordable housing; and
WHEREAS, on June 5, 1997, the City Council passed Ordinance 97-15, implementing the
affordable housing policies of the Comprehensive Plan; and
WHEREAS, on November 23, 1999, the City Council passed Ordinance 99-36, amending
Comprehensive Plan policy H.4.7 related to the affordability requirement for affordable homeownership
units: and
WHEREAS, the City has identified other revisions to BIMC Chapter 18.90 that will result in
increased clarity and consistency with the Comprehensive Plan; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 18.90.010 of the Bainbridge Island Municipal Code is amended as follows:
18.90.10 Purpose.
The purpose of this chapter is to implement the policies contained in the housing element of the
comprehensive plan. The Growth Management Act (GMA) requires the city to make adequate provisions
tbr existing and projected housing needs of all economic segments of the community as determined by the
housing needs assessment, contained in the housing element. The housing element reflects the city's goal
of dispersing affordable housing throughout all geographic and economic segments of the community,
and providing a mixture of housing types to discourage the development of economic enclaves. The city
recot,mizes that the marketplace is the primary supplier of adequate housing for those in the upper
economic groups, but that some combination of appropriately zoned land, regulatory incentives and
innovative planning techniques will be necessary to make adequate provisions for the needs of households
~vhose incomes are at or below middle and lower income groups (as those terms are defined in BIMC
18.06.565).
Section 2. Section 18.90.020 of the Bainbridge Island Municipal Code is amended as follows:
18.90.020 General provisions relating to optional residential bonus densit3' and required and
optional affordable housing.
A. Rounding of Fractions in Affordable Housing Calculations. In calculating the number of dwelling
units or residential building lots that are required or permitted to be constructed pursuant to BIMC
l 8.90.030 and 18.90.040, fractions of .5 or greater shall be rounded up to the nearest whole number.
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B. Siting of Affordable Dwelling Units or Residential Building Lots. The affordable units constructed
under the provisions of this chapter shall be included within the parcel of land for which the density bonus
is granted. Segregation of affordable housing units within the development from market rate housing units
is prohibited.
C Duration of Affordability. Prior to the final approval of any land use application to which BIMC
18.90.030 or 18.90.040 is applicable, the owner of the affected parcels shall deliver to the city a duly
executed covenant running with the land, in a form approved by the city attorney, requiring that the
affordable dwellings that are created pursuant to those sections remain affordable housing for a period of
30 years from the commencement date. The commencement date for for purchase units shall be the date
of settlement between the developer and the first owner in one of the applicable income groups. The
commencement date for rental units shall be the date the first lease agreement with a tenter in one of thc
applicable income groups become effective. The applicant shall be responsible for the cost and recording
of the covenant.
Rental Units. Affordable rental housing units created as a result of the provisions of this chapter shall
remain aftbrdable for a period of 30 years from the time of first occupancy and shall be secured by
recorded agreement and covenant running with the land, binding all the assigns. heirs and successors
of the applicant.
Homeownership Units. All affordable homeo~vnership units created as a result of the provisions of
this chapter shall be initially sold to income qualified households and thereafter subject to a
mechanism that is specified in an appropriate administrative procedure adopted by resolution by City
Council allowing the City to capture a share of the appreciation when the unit is sold at market rate.
The City's share of the proceeds shall be placed in its Housing Trust Fund.
D__: Required Documentation. Prior to the final approval of any land use application to which BIMC
18.90.030 or 18.90.040 is applicable, the owner of the affected parcels shall deliver to the city a duly
executed covenant running with the land. in a form approved by the city attorney. identifying the units or
parcels and acknowledging their obligation under this section. The applicant shall be responsible for the
cost and recording of the covenant.
D:.E. Construction of Affordable Units. When dwelling units subject to this chapter will be constructed in
phases. or over a period of more than 12 months, a proportional amount of affordable housing units must
be completed at or prior to completion of the related market rate dwellings, or as approved by the director.
t~ F__=Phased Development. If a project is to be phased, the proportion of affordable units or residential
building lots to be completed with each phase shall be determined as part of the phasing plan approved by
the director.
re-- G. Unimproved Affordable Lots to be Sold. In subdivisions where the applicant intends to sell the
individual unimproved lots, it is the responsibility of the applicant to arrange for the affordable units to be
built.
C.. H. Attached Housing. In single-family developments where there are two or more affordable units,
side yard setbacks may be waived to allow for attached housing units for aftbrdable units only. The
placement and exterior design of the attached units must be such that the units together resemble as
closely as possible a single-family dwelling.
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I. Definition of Benefit. Where the code limits benefits to those households whose incomes are at or
beloxv a specified income, the purpose is to include all categories of income, as defined in BIMC 18.06.565,
belo~v the category specified. For example, if the benefit limit is, "to those households whose incomes are
at or below loxv-income". households who are extremely low-income. very-low income and low-income
may benefit.
Section 3. Section 18.90.030 of the Bainbridge Island Municipal Code is amended as follows:
18.90.030 040 Optional residential bonus density bonus for affordable housing (all zones).
Applicability. This section applies to all land use applications, except the following: (a) the
construction of one single-family dwelling on one lot that can accommodate only one dwelling based
upon the underlying zoning designation, (b) the Mixed Use Town Center and the High School Road
districts (provisions for these zones are contained in BIMC 18.40.040 and 18.40.050), (c)
neighborhood service centers (NSCs) (affordable housing provisions for NSCs are contained in
(.~:hapter 18.66 BIMC), and (d) the critical areas overlay districts identified in the comprehensive plan,
which are not eligible for density bonuses.
Residential Bonus Density Bonus for the Development of Rental Affordable Housing. Density for
land subject to the provisions of this section may be increased by up to a maximum of 50 percent
above the underlying base density when each of the additional units is provided for households in-the
extremely low, very low, or whose incomes are at or below low_-income groups (fractions of .5 or
greater are rounded up to the nearest whole number).
Co
Residential Bonus Density Bonus for the Development of For-Purchase Affordable Housing. Density
tbr land subject to the provisions of this section may be increased above the base density by the
fbllowing amounts: (fractions of .5 or greater are rounded up to the nearest whole number):
1. Up to a maximum of 50 percent above the underlying base density when each of the additional units
or residential building lots are provided for households in the extremely low, very low, or whose
incomes are at or below low:income groups.
2. Up to a maximum of 40 percent above the underlying base density when each of the additional units
or residential building lots are provided for households in the whose incomes are at or below-moderate-
income group.
3. Up to a maximum of 20 percent above the underlying base density ~vhen the first 10 percent of the
housing units are affordable to households with incomes at or below moderate-income. The
remaining 10 percent may be affordable to households whose incomes are at or below each of the
additional units or residential building lots are provided for households in the middle z income group.
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AFFORDABLE HOUSING - OPTIONAL (New)
For Purchase
AFFORDABLE HOUSING-
OPTIONAL
Up to 50% density bonus if each of the bonus
units are affordable to households whose incomes
are at or below low-income.
Up to a 40% density bonus if each of the bonus
units are affordable to households whose incomes
are at or below moderate-income.
Up to a maximum of 20 percent above the
underlying base density when the first ! 0 percent
of the housin~ units are affordable to households
with incomes at or below moderate-income. The
remaining i 0 percent may be affordable to
households whose incomes are at or below
middle - income.
For Rent
Up to 50% density bonus
when each of the bonus units
are affordable to households
with incomes at or below low-
income.
Section 4. Section 18.90.040 of the Bainbridge Island Municipal Code is amended as follows:
18.90.040 030 Required affordable housing (all zones).
A. Applicability. This section applies to all land use applications, except those that are located in the
critical areas overlay districts and neighborhood service centers identified in the comprehensive plan.
With respect to land located within the Mixed Use Tmvn Center and High School Road districts,
BIMC 18.40.040 and 18.40.050 shall apply. For purposes of this section, any land included within a
single application or related applications at one location in one or more subdivisions, parts of
subdivisions, resubdivisions, or stages of development, regardless of whether any part of the land has
been transferred to another party, shall be deemed a single parcel.
B. Required Affordable Housing - Developments of Eight or More D~velling Units or residential
Building Lots. Any land use application to construct eight or more, but fewer than 50, dwelling units
or residential building lots on the land subject to the application, must provide at least 10 percent of
the number of market rate dwelling units constructed pursuant to that application as affordable
housing for households in the whose incomes are at or below moderate-income:gr-eu-p or lowcr
income groups, The density may be increased by one market rate bonus unit for each affordable unit
provided:, up to the maximum density provided for in BIMC 1 g.90.030(B) and (C).
Co
Required Affordable Housing - Developments of 50 or More Dwelling Units. If a land use applicant
seeks a permit to construct 50 or more dwelling units on a given parcel, then at least 10 percent of the
number of market rate dwelling units constructed pursuant to that land use application must be
a~brdable housing for households in the whose incomes are at or below middle income group or
!owerz income groups. Allowable density shall be deemed increased by the amount necessary to
construct the required number of affordable dwelling units. In addition, the affordable dwelling units
must be constructed in the following proportions: at least 10 percent for households whose incomes
are at or below extremely low, very low or low_-income households, plus or minus 60 percent for
households whose incomes are at or below moderate-income houscholds; and not more than 30
percent for households whose incomes are at or below middlezincome households.
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D. Duration of Applicability. When a new application is filed within five years of the date of an approved
land use application that is subject to the affordable housing requirement such that further development
~vill result in eight or more total dwelling units or residential building lots as in subsection (B) of this
section or in 50 or more total dwelling units or residential building lots as in subsection (C) of this
section, this affordable housing requirement section shall apply.
AFFORDABLE HOUSING - REQUIRED (New)
Fewer than 8 units More than 8 units
AFFORDABLE
HOUSING -
REOUIRED
No requirement
Applies to both rental and
for-purchase housing.
50 units or more
Applies to both rental and for-purchase housing
10% of units must be affordable. The affordable housing
must be in the following proportion:
10% of units must be
affordable to households
with incomes at or below
moderate-income.
. Density may be increased
by one market rate unit for
every affordable unit
At least 10% affordable to households with incomes
at or below low- income.
+/- 60% affordable to households with incomes at
or below moderate-income.
Not more than,30% affordable to households with
incomes at or below middle-income.
Section 5. Section 18.90.050 of the Bainbridge Island Municipal Code is amended as follows:
18.90.50 Review process.
A. A preapplication conference will be required for any land use application that includes a proposal for
density bonus.
B. Residential bonus density bonus proposals will be reviewed concurrently with the primary land use
application.
C--:. All land use applications for which the applicant is seeking to include the area of a wetland in the
density calculation shall satisfy the requirements of BIMC 16.20.090(C). The applicant shall enter
into a third party contract with the consultant and the city to retain a wetland biologist to address the
requirements of BIMC 16.20.090(C).
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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 24th day of January 2001.
APPROVED by the Mayor this 2Yh day of January 2001.
D~iwi~ht~~tton, )ayor~~ "-.
ATTES T/A UTHENTICATE:
sa~n P. Kasper, 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:
December 6, 2000
January 24, 2001
January 31, 2001
February 5, 2001
2001-03
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