STAFF REPORTBainbridge Landing Page 1 of 39
Department of Planning and Community Development
Staff Report
Date: March 17, 2017
To: Hearing Examiner
From: Heather Wright, Senior Planner
Gary Christensen, AICP, Director of Planning
Project: Bainbridge Landing
File Number:PLN50520SPR & SUB
Applicant: Bainbridge Community Development, LLC
Location: The 4.87 acre rectangular site is located in downtown Winslow between three public
streets; Cave Ave NE to the west, Ferncliff Ave NE to the east and Gilmore Way NE to the
north and the Harbor Square mixed use development to the south.
Request: The applicant is requesting to remove and relocate an existing historic home to the north
of the project site and to develop the 4.86 acre site with 140 residential units including
18 townhomes, 7 lofts and a 115 unit apartment building (see Exhibit List A). In addition,
the applicant is proposing a one acre park at the east side of the project site, abutting
Ferncliff. The park will be used to acquire a Floor Area Ratio (FAR) Bonus.
The applicant is proposing to subdivide the property into 27 lots; 25 single family, one
multi-family, and a one-acre park (see Exhibit List O). The applicant is requesting a minor
variation from the road requirements and standards contained within the “City of
Bainbridge Design and Construction Standards and Specifications” for the proposed north
road to provide a flush curb with bollards rather than a drop curb and the south access
road to provide a 16’ rather than 18’ wide travel way to calm traffic, reduce pavement
and provide landscaping against the Harbor Square development (see Exhibit List B).
The proposed site design incorporates various amenities, including internal, handicapped
accessible public walking trails, a courtyard, underground parking, bicycle parking, electric
vehicle charging stations, and the aforementioned one acre park.
The applicant intends to utilize the Housing Design Demonstration Projects (HDDP)
program to construct a Tier 1, LEED certified project. In accordance with the HDDP
program, Tier I projects are required to 1) restrict home size to no greater than 1,600
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square feet, 2) receive a minimum of five points in the housing diversity category, 3)
receive a minimum of 16 points in innovative site development practices. LEED stands for
Leadership in Energy and Environmental Design and is a third-party green building
certification program and nationally accepted benchmark for the design, construction,
and operation of high-performance green buildings and neighborhoods (see Exhibit List
B).
Environmental Review: The project is subject to State Environmental Policy Act (SEPA) review as provided
in Washington Administrative Code (WAC 197-11). Utilizing the optional DNS process provided in WAC
197-11-355, the City issued a combined Notice of Application/SEPA comment period on August 26, 2016.
The 14-day comment period ended on September 9, 2016. A revision to the application warranted a
revised notice of application/SEPA comment period of December 30, 2016 with the 14-day comment
period ending on January 13, 2017. A Mitigated Determination of Nonsignificance was issued on February
2, 2017 with the appeal period ending on February 16, 2017. No appeals were filed.
Recommendation:
The Final decision on these consolidated projects is made by the Hearing Examiner. In the case of a major
site plan and design review application, the planning commission shall review the application prior to the
final decision by the director. The director shall determine the major issues and specific aspects of the
project that the planning commission should review, and shall forward this review directive to the
planning commission. The planning commission shall review the application based on the director’s
review directive, the DRB recommendation, and the decision criteria, consider the application at a public
meeting where public comments will be taken, and forward its recommendation to the director in
accordance with BIMC 2.16.030.C through E. Planning Commission recommendation is not a final decision
and is not subject to appeal. The Planning Commission’s written recommendation and other documents
upon which its recommendation is based shall be transmitted to the Hearing Examiner.
Staff recommends approval of the Bainbridge Landing project as a Tier I LEED Housing Design
Demonstration Project through approval of the underlying Site Plan Review and Design and Subdivision
and minor deviation request subject to the following conditions:
SEPA CONDITIONS
1. The project contributes surface stormwater to a City-owned municipal storm drain conveyance
system that outfalls into the Winslow Ravine just south of Winslow Way East. The City currently
has a planned and funded project to upsize the system in 2017 to address a capacity shortfall.
Connection to the system by the project is conditioned upon the continued funding and planned
or actual construction of the upgrades, unless an alternative option is pursued by the applicant.
2. Water system concurrency and adequate fire flow shall be provided by performing one of the two
water system improvements proposed in the Developer Extension Agreement application (off-
site water main extension or on-site storage).
3. If the off-site option water system concurrency is pursued, the use may require a special use
review permit from the City of Bainbridge Island prior to commencing any work. Replanting of any
disturbed areas with approved plants would be required.
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4. Prior to construction activities, the applicant shall apply for a Construction Stormwater General
Permit (NPDES) through the Washington State Department of Ecology.
5. A Temporary Erosion and Sediment Control Plan shall be approved prior to construction of both
plat infrastructure and the individual lot development. The final plat shall contain a note for
future property owners of the individual lot development requirement.
6. To ensure the protection of significant trees during construction, specifically the heritage tree on
the adjoining Harbor Square property, the applicant shall protect the identified areas of
prohibited disturbance of the significant trees to be retained, buffers, areas of existing vegetation
to be maintained, and future planting areas larger than 400 square feet. The applicant shall have
an arborist on-site or available to monitor the site during grading activities within the critical root
zones. In addition, the contractors shall follow the protection methods as outlined in BIMC
18.15.010 during construction and as indicated in the report provided by Fischer Bouma
Partnership titled Site Plan Review Landscape Plan Supplemental Information.
7. The limits of clearing and grading shall be clearly marked in the field and inspected by the City of
Bainbridge Island prior to any clearing or grading on site.
8. To provide local pedestrian connectivity for the more intensive use of Cave Avenue NE presented
by the project, a standard 5-foot wide sidewalk shall be constructed or bonded for as part of the
plat utility work on the east side of Cave Avenue NE from Winslow Way East to approximately 105
feet to the north. No additional ROW acquisition is required to perform these improvements.
9. To provide local pedestrian connectivity, the applicant shall construct or bond for new sidewalks
along Ferncliff and Cave Avenue frontages, as indicated on the site plans.
10. An ADA compliant access path available to the public shall be provided through the project site
serving both public accessibility ADA egress through, connecting off the site and for accessible
building egress and exit discharge. This is intended from the north access lane through the
courtyard to the south access lane.
11. To ensure recreational opportunities are provided on-site and connected to adjoining sites, the
project shall provide an on-site pedestrian connection to the adjoining public park on the Harbor
Square property.
12. The site contains a historic home that the Historic Preservation Commission has found to be
eligible for the local register. The applicant has indicated they intend to relocate the house to the
adjoining property. To ensure historic and cultural resource preservation, should the home not
be relocated or preserved on-site, the home shall be offered for sale for relocation. To satisfy this
condition, the applicant shall provide copies of any attempts to sale prior to receiving approval of
a demolition permit for the home.
13. To ensure historic and cultural resource preservation, a completed Washington State Historic
Property Inventory Field Form shall be recorded with the State Department of Archeology and
Historic Preservation prior to the moving or demolition of the historic home on the property.
14. To ensure historic and cultural resource preservation, historic signage shall be included in the park
design to commemorate the Cave family.
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15. The contractor is required to stop work and immediately notify the Department of Planning and
Community Development and the Washington State Department of Archaeology and Historic
Preservation if any historical or archaeological artifacts are uncovered during excavation or
construction.
16. All construction activities shall comply with the construction operating hours limitations
contained in BIMC Chapter 16.16. Noise produced by this development must comply with the
maximum environmental noise levels established by the Washington Administrative Code 173-60
or its successor.
17. All graded materials removed from the subject property shall be hauled to and deposited at City
approved locations (Note: local regulations require that a grade/fill permit is obtained for any
grading or filling of 50 cubic yards of material or more if the grading or filling occurs on sites that
have not been previously approved for such activities. A SEPA Threshold Determination is
required for any fill over 100 cubic yards on sites that have not been previously received a SEPA
determination).
18. To mitigate the possible impact on adjacent properties from light and glare, all exterior lighting
shall be hooded and shielded so that the bulb is not visible from adjacent properties. All landscape
lighting shall be downcast and lighting within surface parking lots shall be no higher than 14 feet
above grade. All exterior lighting shall comply with BIMC Chapter 15.34.
19. No use in this development shall produce emissions of smoke, dust and/or odors beyond the
property boundary that may unreasonably interfere with any other property owners’ use and
enjoyment of his/her property. In addition, all sources and emission units are required to meet
the emission and the ambient air quality standards specified in Chapter 173-400 WAC, and
administered by the Puget Sound Air Pollution Control Authority (PSAPCA), and shall apply to all
air contaminants listed in that regulation.
20. On site mobile fueling from temporary tanks are prohibited unless the applicant provides and is
granted approval for a Permit and Best Management Plan that addresses proposed location,
duration, containment, training, vandalism and cleanup. (Reference 1. Uniform Fire Code
7904.5.4.2.7 and 2. Department of Ecology, Stormwater Management Manual, August 2001, see
Volume IV “Source Control BMPs for Mobile Fueling of Vehicles and Heavy Equipment”.) (Chapter
173-304 WAC)
21. To mitigate impacts on air quality during earth moving activities, contractors should conform to
Puget Sound Air Pollution Control Agency Regulations which insure that reasonable precautions
are taken to avoid dust emissions.
22. To mitigate potential impacts on air quality, cleared vegetation shall be removed from the site,
processed by chipper or processed using other methods of disposal that does not require burning.
NON-SEPA CONDITIONS
23. The project shall meet the requests of the fire marshal including: the applicable provisions of the
fire code, fire flow, and provide for fire hydrants, fire sprinkler and alarm systems for proposed
buildings and underground parking.
24. Prior to applying for a building permit, the applicant shall provide binding commitments for the
water and sewer demands for the project.
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25. As requested by the Design Review Board (DRB), the applicant shall provide the natural palette
for the exterior of the buildings; unless another material type is proposed and approved by the
DRB and the Director.
26. Internal pathways shall provide signage to indicate they are public at each entry point around the
perimeter of the site and shall be surfaced with nonskid hard surfaces, meet accessibility
requirements and be designed to provide a minimum of five feet of unobstructed width. The path
required to connect the public park on site to Harbor Square shall also include a crosswalk on the
south access road to further the connectivity of the parks.
27. The project shall conform to the HDDP program criteria for housing diversity, innovative site
development and innovative building design. Prior to the issuance of a building permit, the
application will be reviewed for compliance with the following:
a. The dwelling units shall be at or below 1,600 square feet of floor area;
b. Innovative site design elements including common open space, covered parking, non-
motorized connections, public walkways and electric vehicle charging stations;
c. Landscaping and recreational opportunities that substantially conform to the site plans,
d. LEED. Building permit applications, construction and final occupancy shall comply with the
certification provisions of BIMC 2.16.020.3.f;
e. Proof of ongoing certification with the LEED building rating system shall be required during
construction and project certification shall be completed prior to final occupancy.
28. Staff shall be able to access the site for tours no more than once every three months with
permission and cooperation of the property owner.
29. Prior to the City issuing the final occupancy building permit for a building that would need the
bonus FAR, the applicant shall have graded and seeded the park and established walking paths,
or bonded for these improvements. Additionally, the applicant shall secure a bond for play
structures and benches.
30. The final plat submittal shall include a sheet that provides the modified setback, landscaping and
height requirements of BIMC 18.12.030.C.
31. The applicant shall provide landscaping as indicated on the landscaping plans. As indicated and
conditioned, the plans shall meet the 20’ partial landscaping screen along Gilmore within the area
available for planting, and replant the entire 20’ buffer along Gilmore in the event that Gilmore is
realigned on the easement. The 20’ partial landscaping screen buffer on Ferncliff shall be provided
within the park. The applicant shall provide the 20’ partial landscape screen in the dedicated
portion of the Cave Avenue right-of-way, in addition to the 10’ on the subject property.
32. All landscaping shall be installed, or a performance assurance device shall be submitted and
approved, prior to final inspection of the final building within the phase being constructed. The
installation of landscaping shall be verified by the Landscape Professional or owner and a
landscaping declaration shall be signed. This note shall be on the face of the final plat.
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33. Landscape buffers shall be maintained with a maintenance assurance device for a period of three
years. No vegetation within the buffers shall be disturbed without approval of the Department
of Planning and Community Development through an approved clearing, grading or civil plan. This
note shall be on the face of the final plat.
34. The designated guest parking spaces shall have adequate ‘guest parking’ signage.
35. On-street parking spaces shall be provided as required by the building official.
36. Parking space and aisle dimensions shall meet the design standards in BIMC 18.15.020.J. Spaces
for compact cars shall not exceed 30% of the amount of spaces.
37. Bicycle storage shall be provided to accommodate at least 23 bicycles.
38. Given the complexity of the proposal, prior to submitting any building permit applications, the
applicant shall schedule a pre-submittal meeting outlining the order of development
improvements and buildings on the site. The applicant shall include information on the location
of parking for construction vehicles, and all construction vehicle parking shall remain on-site.
39. Depending on the option chosen by the applicant to achieve fire flow, the applicant shall secure
all necessary land use and building permits prior to commencing work.
40. Lot coverage shall be recorded on the face of the final plat.
41. Mailbox and pedestrian signage locations shall be indicated on the face of the final plat.
42. The applicant shall provide a sheet that identifies the trees identified for retention. The following
regulations shall be included on that sheet and provided as part of the final plat submittal:
A property owner may request removal of trees required to be retained pursuant to this chapter
by applying for a clearing permit with a replanting plan. Trees will be approved for removal only
if they meet the hazard tree requirements.
Failure to retain, replace or transplant trees will be enforced as follows; provided, that any fine
shall be no less than three times the value of the trees, as determined by the current standards
of the International Society of Arboriculture. The city may issue the following; stop work orders,
injunction or abatement or any other appropriate action in courts and/or a civil infraction, subject
to enforcement and fines.
43. Survey monumentation shall be provided consistent with the Standards, Section 8-03.
44. Civil improvement plans ready for construction shall be submitted with an application for a plat
utility permit to COBI for review and approval to construct all necessary infrastructure serving the
divided lots and the offsite improvements proposed in the Developer Extension Agreement (DEA)
application.
45. No building permits for the newly created lots will be issued until the completion of the civil
improvements or performance bonding is established to cover unfinished work to apply for final
plat.
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46. Performance bonding for plat civil improvements shall be released and re-bonded only as
determined by a pre-approved work completion phasing plan to be developed with the plat utility
permit application.
47. As-built civil construction plans stamped by a civil engineer shall be provided by the applicant
prior to final plat.
48. The Developer Extension Agreement shall be executed at the plat utilities permitting application
phase for the construction of roads and utilities to be inspected and accepted by the City.
49. Ferncliff Avenue NE fronting the property to the east is classified as a secondary arterial urban
roadway per the COBI Comprehensive Plan. Secondary arterial urban roadways require a total of
60 feet of right-of-way (ROW) per the Standards. The current ROW width fronting the property is
40 feet. A ROW dedication to the City of Bainbridge Island of 30 feet from the described centerline
along the Ferncliff frontage, shall be indicated on the face of the plat. A note related to the
dedication can state that the 30 feet may include areas previously dedicated.
50. Cave Avenue NE fronting the property to the west is classified as a local access roadway per the
COBI Comprehensive Plan and is urban in nature due to the zoning density exceeding 4.3 units
per acre. Local access urban roadways require a total of 40 feet ROW per the Standards. The
current ROW width fronting the property is 30 feet. A ROW dedication to the City of 20 feet from
the described centerline shall be indicated on the plat. A note related to the dedication can state
that the 20 feet may include areas previously dedicated.
51. The north plat access road shall meet the standards of an urban local access street per standard
drawing DWG. 7-050 of the Standards, except as noted. The north plat access road shall provide
two (2) 12-foot travel lanes for two-way traffic circulation, on-street parking on the south side
adjacent to the apartment building, sidewalks on both sides and a minimum of 40 feet of right-
of-way dedication or more as needed to extend from back of sidewalk to back of sidewalk.
52. The south plat access road shall meet the standards of an urban local access street per standard
drawing DWG. 7-050 of the Standards, except as noted. The south plat access road shall provide
one-way only vehicular traffic circulation with a 16’ wide driveable surface comprised of an 11-
foot travel lane and a 5-foot bike lane. Sidewalk shall be provided on the north side of the road
only. On-street parking shall be provided on the south side of the road. A minimum 40-foot right-
of-way dedication to the City for public streets is required.
53. Flush curbs and sidewalk are approved for use on the upslope side of each plat road along the
frontages of the townhomes, loft homes, and apartments. Pedestrian safety features shall be
incorporated into the edge treatment, including provisions such as bollards.
54. Speed tables shall be incorporated as a traffic calming feature along the north and south plat
access roadways.
55. All retaining walls required to construct the plat access roads and on-street parking stalls shall be
designed with a minimum of 250 pounds per square foot live loading vehicle surcharge as required
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by the 2015 International Building Code (IBC). A separate building permit shall be submitted for
the walls.
56. The existing Gilmore Way NE access shall have a formal access easement dedicated on the face
of the plat that encompasses the entire access way from the northern property line to the
southern existing edge of use of Gilmore, or 15 feet, whichever is greater.
57. Consistent with the City of Bainbridge Island’s Non-Motorized Transportation Plan (NMTP), as
incorporated by reference into the Comprehensive Plan, and the Standards for a secondary
arterial urban roadway, shoulder improvements fronting the project along Ferncliff Avenue NE
shall be constructed as part of the project, which requires 5- to 7-foot sidewalk with or without
landscaping (see WS-2 NMTP standard).
58. Consistent with the Standards for a residential urban roadway, shoulder improvements fronting
the project along Cave Avenue NE shall be constructed as part of the project, which requires 5-
foot sidewalk.
59. Non-motorized pedestrian connectivity shall be improved along the eastside of Cave Avenue NE
from Winslow Way East to approximately 105 feet north by installing a standard 5-foot wide
sidewalk.
60. A public pedestrian access easement shall be dedicated between the Cave Avenue NE townhomes
and the apartment building over the private alley to grant pedestrians through access. The
easement width shall be a minimum of 12 feet, or cover the driveable road surface excluding
individual driveway entrances, whichever is greater, and extend the entire length from the north
plat access road to the south plat access road.
61. Remote sidewalks that depart from the public road ROW shall have a 10’ minimum public
pedestrian easement dedication noted on the plat.
62. Water system improvements shall be performed under the DEA to add additional capacity to the
system for the purposes of project fire flow requirements. All necessary permits and easements
to provide a second water line feed to the system shall be the responsibility of the developer.
63. A Stormwater Pollution Prevention Plan (SWPPP) prepared by a civil engineer licensed in the State
of Washington is required prior to construction activities including clearing or grading or civil
improvements for all phases of the project that complies with BIMC 15.20.
64. A final stormwater report shall be submitted detailing compliance with all applicable minimum
requirements as required by BIMC 15.20, prepared by a civil engineer licensed in the State of
Washington.
65. The site has a contributing drainage area that exceeds three (3) acres. A temporary sediment pond
(per BMP C241, Volume II, Ch. 4 of the Manual) shall be required for temporary runoff and
sediment control. Due to the downstream capacity restriction the sediment pond shall be sized
based on a 10-year peak flow from the site.
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66. On-site Best Management Practices for soil management and Low Impact Development shall be
employed consistent with the Stormwater Management Manual for Western Washington
(SWMMWW) BMP T5.13 for surfaces not converted to hard surfaces after construction.
67. The project contributes surface stormwater to a City-owned municipal storm drain conveyance
system that outfalls into the Winslow Ravine just south of Winslow Way East. The City currently
has a planned and funded project to upsize the system in 2017 to address a capacity shortfall.
Connection to the system by the project is conditioned upon the continued funding and planned
or actual construction of the upgrades to maintain concurrency between the development and
the infrastructure serving it. In the event of non-concurrency, the development shall be
responsible for performing the system upgrades, or, mitigating for stormwater peak flows on-site.
68. Low Impact Development (LID) water quality facilities and best practices shall be employed to the
maximum extent feasible to treat stormwater from all pollutant-generating hard surfaces (PGHS)
within the future public ROW.
69. Prior to final plat submittal, the applicant shall submit an operation and maintenance plan for the
on-going maintenance of the storm drainage system.
70. All on-site stormwater facilities on private property shall remain privately owned and maintained.
The owner(s) shall be responsible for maintenance of the storm drainage facilities for this
development following construction. Annual inspection and maintenance reports shall be
provided to the City. A Declaration of Covenant for stormwater system operation and
maintenance will be required to be recorded before final plat submittal. The approved language
for the Declaration of Covenant is found in BIMC Chapter 15.21, Exhibit A. Stormwater facilities in
the right-of-way (ROW) shall be the responsibility of the City.
71. A right-of-way (ROW) construction permit will be required prior to any construction activities
within the right-of-way. The ROW permit will be subject to separate conditions and bonding
requirements.
72. Application for a final plat shall require binding water and sewer availability letters from the City.
73. Installation of improvements and creation of as-built engineered plans must be completed prior
to approval of final plat. In lieu of completion of those improvements and as-builts consistent with
the conditions of a preliminary plat approval, the City engineer may accept an assurance device,
in an amount and in a form determined by the City, but not to exceed 125 percent of the
established cost of completing the infrastructure that secures and provides for the actual
construction and installation of the improvements or the performance of the conditions within
one year, or such additional time as the city engineer determines is appropriate after final plat
approval.
74. The proposed action(s), phased or concurrent, in their totality would result in more than one (1)
acre of earth disturbance on the site and drain to waters of the State. A Construction Stormwater
General Permit shall be obtained from the Washington State Department of Ecology and the site
shall be monitored for discharge of pollutants and sediment to the wetlands and stream for the
duration of the project. No land clearing or construction permits shall be issued prior to obtaining
the State permit.
Staff Analysis
LAND USE CODE ANALYSIS
I. FINDINGS OF FACT
1. Site Characteristics:
Tax Assessor Information:
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A. Tax Lot Numbers: 262502-3-008-2001
B. Owners of Record: Lowery WM & James J & Wickton Marcia C &
C. Lot Size: 4.87 acres or 211,952 square feet
D. Land Use: Residential.
2. Terrain: The site is generally level in the northeast portion and slopes down to 10% to the
southwest with site elevations varying from approximately 135’ at the northeast corner to 100’
at the southwest corner.
3. Soils: Soil mapping indicates that is the predominant soil type on the site is Kapowsin gravely ashy
loam, 0 to 6% with the exception of the southeast area, which is classified as Kapowsin gravelly
ashy loam, 6 to 15% slopes (Soil Survey of Kitsap County Area, Washington; U.S. Department of
Agriculture, Soil Conservation Service, 1977).
4. Existing Site Development: The historic Cave family single family residence (constructed between
1897 & 1900) exists in the northeast corner of the property.
5. Proposed Access: The proposed development will be accessed from both Ferncliff and Cave
Avenue, with shared use of Gilmore Avenue.
6. Public Services and Utilities: City of Bainbridge Island Water and Sewer.
7. Zoning/Comprehensive Plan Designation: The subject property is zoned Mixed Use Town Center
(MUTC)-Ferry Terminal District (FTD)
8. Surrounding Zoning/Comprehensive Plan Designation:
A. North: R-4.3, Single-family
B. South: MUTC, FTD
C. East: R-4.3, Single-family
D. West: MUTC, FTD
9. Surrounding Uses:
A. North: Gimore Avenue and single-family development
B. South: Harbor Square development (mixed use development)
C. East: Ferncliff Avenue and single-family development
D. West: Cave Avenue and residential (single and multi-family).
II. HISTORY
1. A pre-application conference was held on May 10, 2016.
2. A public participation meeting was held on June 6, 2016
3. The Design Review Board reviewed the project on May 16, 2016
4. The application was submitted on July 14, 2016
5. The application was deemed complete on August 12, 2016
6. A joint notice of application/SEPA comment period (Attachment F) occurred on August 26, 2016.
7. The comment period ended on September 9, 2016.
8. The project was reviewed by the Design Review Board (DRB) on the following dates; October 17
and November 21, 2016.
9. The project was re-noticed to reflect two options to meet fire flow, with the comment period
ending on January 13, 2017.
10. The Planning Commission public meeting was originally scheduled for February 23, 2017 and
cancelled due to a lack of quorum. The meeting was rescheduled for March 9 where the
Commission requested more information from staff and held a second, special meeting on
March 17.
III. PUBLIC/AGENCY COMMENT
1. Public Participation/Comment.
The site design for this application has gone through multiple iterations prior to the formal site
plan and design review submittal. A pre-application conference and a public participation meeting
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were held between the City and the community in June 2016. In addition, the applicant held
multiple community meetings independent of any city requirements.
Public comments were also received during the public commenting period (Attachments H). The
following section provides a compilation of comments and staff’s review of some of the concerns
expressed.
A range of concerns were voiced including traffic, design, environment (air emissions,
environmental health due to noise and light and glare), abutting trees and the type of units
proposed (request for less rental units). The overwhelming concern was in relation to traffic ,
and particularly the impact on Cave Avenue.
The project is proposing two points of access; a two way public road connecting Gilmore to Cave
and a one-way public road from Ferncliff to Cave Avenue. The residents of Cave Avenue have
requested that there not be any additional traffic on Cave Avenue and that any through roads
go to Ferncliff Avenue. They are particularly concerned about the traffic that is currently
stacking at the Cave Avenue/Winslow intersection during peak ferry times.
The city contracted an independent third party traffic consultant (Transportation Solutions, Inc.,
see Exhibit List P) to perform a traffic impact analysis on the project. Trip generation rates were
calculated for the proposed public park, the detached single family homes and the apartment
units. The project was calculated to generate a total of 33 new vehicle trips during the AM peak
hour and 39 during the PM peak hour.
The report evaluated the south access road under eastbound and westbound one-way flow
scenarios to identify any safety or operational differences between on-site flow alternatives.
The report concluded that direction of travel on the south access road will have relatively little
impact on intersection delay and level of service (LOS).
Additionally, the report provided PM near-term and long-term level of service forecasts. There
are no forecasted intersection LOS failures by 2035. New site access intersections are forecasted
to operate at LOS B or better through 2035. Project generated trips accessing the site via C ave
Avenue will be impacted by westbound queue stacking from the intersection of Winslow Way
and SR 305, however no mitigation is recommended due to the low minor approach volume.
The abutting Harbor Square residents have asked for protection of their abutting Heritage tree
during construction. They have also requested heavy landscaping between the two sites, with
fast growing trees to protect the residents from the lights and glare of the units and vehicles.
Overall, to address concerns voiced, staff has conditioned the project to provide frontage
improvements on Cave and Ferncliff Avenues, to protect the heritage tree on the abutting
property, and to adhere to noise, light and air pollution requirements (Conditions 6, 8, 9, 18, 19
& 22).
2. Agency Comment.
A. Fire Marshal: On July 22, 2016, the fire marshal submitted the following comments (see
Exhibit List K): the project shall comply with all applicable provisions of the adopted Fire Code and;
2. Fire flow is required for this project. Fire flow shall be not less than 1500 gpm and shall be
demonstrated to the satisfaction of the Fire Marshal. The proposed location of fire hydrants in
the project appears acceptable at this time. 3. The proposed buildings and underground parking
garage will require fire sprinkler systems and alarm systems and; 4. Projects having more than
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100 dwelling units shall be equipped throughout with two separate and approved fire apparatus
access roads and; 5. Where the vertical distance between the grade plane and the highest roof
surface exceeds 30 feet, approved aerial apparatus access roads shall be provided. Aerial
apparatus access roads shall have an unobstructed width of 16 (sixteen) feet, exclusive of
shoulders, and shall be located within a minimum of 15 (fifteen) feet and a maximum of 30 (thirty)
feet from the building.
To meet the fire flow requirements for this project, the applicant has proposed two options
based on conversations with the City’s public works department. These options required a
revised notice of application. These options are: 1) to extend an 8” waterline from the Vineyard
Lane development under the bridge over the ravine stream across private property to connect
to the existing water line in Gowen Place or 2) develop a large water tank on site with a pump
and back-up generator.
In response to these options, the fire marshal submitted a second comment letter on December
26, 2016 that stated that: the project shall comply with all applicable provisions of the adopted
Fire Code and; Option 1 is the preferred option of the Fire Marshal’s Office. Connection to the
existing 8” high pressure zone water main will provide adequate fire flow (1500 gpm) for the
project. Implementation of this option will improve fire flow in the adjacent community as well.
Option 2 is a viable option. The system shall be designed to meet the requirements of NFPA 13
and other related documents.
The project is conditioned to meet the fire code, fire flow, provide hydrants, fire sprinkler and
alarm systems (Condition #23). The project is found to provide two separate and approved fire
apparatus access roads and to meet the width and location requirements.
B. Kitsap County Health District:
The applicant applied for water and sewer availability on July 14, 2016 to the City of Bainbridge
Island. Prior to applying for a building permit, the applicant shall provide binding commitments
for the water and sewer demands for the development (Condition 24).
C. Historic Preservation Commission:
The Historic Preservation Commission (HPC) was interested in the historic home on the project
site. They requested that the applicant provide a report so that the HPC could determine the
impact on historic resources. The applicant consulted with Cultural Resource Consultants (CRC) to
provide a report. CRC has completed a historic property inventory update and evaluation of
significance for the Cave House located at 259 Ferncliff Avenue on Bainbridge Island. The house
would be relocated to an adjacent parcel to accommodate the proposed Bainbridge Landing
mixed-use development. CRC Historic Architect James McNett conducted archival research,
interviews, and a site visit to obtain detailed information about the building prior to its relocation.
This information has been added to the historic property inventory record for the building on file
in DAHP’s online database, WISAARD. Cave House is recommended not eligible for the National
Register of Historic Places but is considered locally significant and eligible for the Bainbridge Island
Register of Historic Places. Relocation of the house to adjacent property would not affect its local
register eligibility. To address the concerns of the Commission and to ensure the Cave history is
preserved, the City applied the following SEPA conditions (12-14) to the project: should the home
not be relocated or preserved on-site, the home shall be offered for sale for relocation. To satisfy
this condition, the applicant shall provide copies of any attempts to sale prior to receiving
approval of a demolition permit for the home. A completed Washington State Historic Property
Inventory Field Form shall be recorded with the State Department of Archeology and Historic
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Preservation prior to the moving or demolition of the historic home on the property. Historic
signage shall be included in the park design to commemorate the Cave family.
F. Development Engineer:
Comment: On February 17, 2017, the City’s Development Engineer provided preliminary approval
with 32 recommended conditions (conditions 48-74), based on the following findings of fact and
conclusions of law:
1. The site plan and preliminary long subdivision conforms to regulations concerning drainage
in BIMC 15.20 and 15.21;
2. The site plan and preliminary long subdivision will not cause an undue burden on the drainage
basin or water quality and will not unreasonably interfere with the use and enjoyment of
properties downstream based on concurrent system upgrades;
3. The streets and pedestrian ways as proposed are adequate to accommodate anticipated
traffic;
4. The site will rely on public water and sewer services. There is adequate capacity in the sewer
system and that service can be made available at the site. A proposed water system extension will
provide additional needed system capacity to the site;
5. The preliminary long subdivision conforms to the City of Bainbridge Island Design and
Construction Standards and Specifications, “the Standards”, except as noted.
3. Design Review Board.
The Design Review Board (DRB) reviewed the application at three different meetings. The first
meeting occurred during the pre-application phase and the remaining two meetings occurred on
October 17 and November 21, 2016 (see Exhibit List’s F & G). The DRB review was two-fold: to
review the proposal for consistency with the City’s multi-family and commercial/mixed use design
guidelines; and to make general site and building design recommendations. Copies of the
approved meeting minutes are attached (see Exhibit List G & H).
On October 17, 2015, the Design Review Board motioned to approve the plan with the condition
that the architect return to the DRB with exterior materials and placements on the building (see
Exhibit Listument G).
On November 21, 2016, the applicant met again with the DRB and brought forth three different
material designs including hybrid (wood in multiple places), durable (pre-finished, inlerlock
system and natural (new scheme) sheets and panels, rusted look. The DRB motioned 4-1 that they
were in favor of the natural palette color. The applicant has agreed to follow the DRB
recommendation and provide warm, natural colors (Condition #25).
4. Planning Commission.
The Planning Commission (PC) held a public meeting on March 9 to review the project. Pursuant
to BIMC BIMC 2.16.040(D)(4)(C), the PC received a Directive Memorandum from the Planning
Director prior to the meeting. In that memorandum, the director determined the major issues
Bainbridge Landing Page 14 of 39
and specific aspects of the project that the PC should review. In accordance with BIMC
2.16.040.D.4.C, the PC was asked to review the application based on the director’s review
directive, the DRB recommendation, and the decision criteria, and consider the application at a
public meeting where public comments are taken, and forward its recommendation to the
director. The meeting commenced with a concern from the PC that they were not receiving the
full, staff report with all conditions. The Commission expressed that absent of those items, they
would be unable to make a recommendation that evening. They used the meeting to receive an
overview of the project from the applicant, receive public comment, and ask questions of the
applicant and staff. The Commission members agreed they needed an additional meeting before
making a recommendation and agreed to schedule a special meeting the following week.
On March 14, Staff provided the Planning Commission a full staff report with conditions. On March
17, the Commission continued their review of the project. Much of the discussion centered on:
traffic flow through the site, the future of Gilmore, parking, direction of flow, trees and how they
will be preserved, the historic home, storm water and bicycle parking.
The Commission made a unanimous recommendation of approval on the project with specific
request for revisions to some of the Conditions. Staff has reflected those changes with the
exception of a request to amend the SEPA condition #6. The condition requests that either an
arborist be on-site or available to monitor the site during grading activities within the critical root
zones. The Commission desired to see this condition changed to require an arborist on site and
that instead of ‘within’ the critical root zones, it would be written as ‘within’ the critical root zone.
While these conditions have been adopted, the applicant has agreed to meet the changes as
proposed by the Commission.
COMPREHENSIVE PLAN GOALS AND POLICIES
The Comprehensive Plan and the Winslow Master Plan target the “Winslow Master Plan Study
Area” to accommodate 50% of future population growth, where urban infrastructure and facilities
either exist or can be provided in an efficient manner. The Plan further states that the Winslow
Master Plan Study Area is intended to contribute to a vibrant and pedestrian-oriented downtown
where people want to live, work and shop. Higher density residential development in the Study
Area is further intended to reduce reliance on the automobile and provide a diversity of housing
choices.
The subject property is located within the Winslow Master Plan Study Area and is currently
served by urban infrastructure and facilities, which will be upgraded as necessary to meet the
needs of the project. As proposed, the development will be a pedestrian-oriented, energy
efficient, multi-generational neighborhood comprised of 140 residential units, including
apartments, townhomes, lofts and a one-acre park. To reduce reliance on the automobile and
encourage pedestrian activity, the project will include electric charging stations, bicycle parking
and will provide pedestrian trails through the site, connecting to the neighboring Harbor
Square.
1. Land Use Element
Historic Preservation
A. Historic Preservation-Goal 2: Historic structures or places are an important feature of
community design and should be preserved and enhanced. As discussed previously, the Historic
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Preservation Commission (HPC) reviewed the application and provided suggested mitigation.
The HPC requested that the applicant complete a historic property inventory form and a report
on the history and cultural significance of the site. The applicant provided these forms and the
report. The project is conditioned to ensure that the historic home is preserved through
recording of the report at the Bainbridge Island Historical Museum. The applicant has indicated
they plan to relocate the house, in the event that this is unsuccessful, the project is conditioned
for the applicant to attempt to relocate the residence. Furthermore, the project is conditioned
to provide signage commemorating the Cave family incorporated into the public park.
2. Housing Element
A. Goal 1: Promote and maintain a variety of housing choices to meet the needs of present and
future Bainbridge Island resident’s at all economic segments, and in all geographic areas in a way
that is compatible with the character of the Island, and encourages more socioeconomic diversity.
i. Housing Policy H 1.5: The City shall encourage innovative residential development
types and zoning regulations that increase the variety of housing choices suitable to a range
of household sizes and incomes in a way that is compatible with the character of existing
neighborhoods. Examples of innovate approaches are cottage housing development, cluster
housing development and accessory dwelling units.
B. Goal 3: Increase the supply of affordable multi-family housing each year through the year 2012.
i. Housing Policy 3.1: The City shall encourage new multi-family housing in a variety of sizes
in areas designated for such use in the Land Use Element. All developments are subject to
Health District requirements for water and sewage disposal.
This project is utilizing the Housing Design Development Program, which in alignment with the
housing policies requires the use of innovative site development practices. The development
also provides a variety of unit sizes and unit types, including for-sale and rental and increases
the variety of housing choices suitable to a range of household sizes and incomes in a manner
that is compatible with the character of the existing neighborhood.
The project will provide 140 new housing units, including flats, apartments (1-3 bedrooms)
townhomes, and single-family homes. Single family home sizes will range from 919 square feet
to 1,600 square feet of floor area and the apartments will range from 546 to 1508 square feet.
While none of the units are mandated to serve income-qualified residents, the smaller unit size
may result in housing that is more affordable relative to other housing choices on the island.
Of the 140 units, 122 are proposed for rent (115 apartments and 7 lofts). According to the City’s
housing needs study, there is a need for rental units on Island. The City’s Management Intern,
Jared Eyer, completed a Housing Needs Assessment in December 2015. The report found that
over the previous ten years, there was a 12% increase in rental apartment units on Bainbridge
Island. However, rental apartments (market rate and rent assisted) make up less than 7% of the
total housing units. Additionally, rent assisted apartments make up 3% of the total housing units
in the City. These numbers show that the vast majority of new construction of multifamily housing
units was condominiums in the previous ten years (2005-2015).
According to previous survey data and the most recent survey conducted on October 27 and 28,
2014, the vacancy rate in established projects was 1% or less. Property managers consistently
Bainbridge Landing Page 16 of 39
attested to the low vacancy rates and high demand they have for apartments. These vacancy rates
are well below 5%, the percentage generally assumed to indicate a healthy rental market with a
balance in supply and demand. This means that the demand for apartments has continually
exceeded the supply on Bainbridge Island.
3. Non-motorized Transportation Element
A. Goal 1: Develop a non-motorized transportation system that effectively serves the needs of
pedestrian, bicycle, and equestrian users and encourages non-motorized travel and provides a
continuous network of attractive sidewalks, footpaths, multi-purpose trails, and bikeways
throughout the Island that are also connected to regional systems.
i. Non-motorized Policy 1.3: Locate and design bicycle facilities that effectively
accommodate both commuters and recreational users. The system shall include
separated bicycle pathways, on-road bicycle lanes, paved shoulders, and shared
facilities.
ii. Non-motorized Policy 1.8: Encourage non-motorized travel by recognizing existing
informal and private pathways as part of the overall pedestrian and bicycle network.
Efforts shall be made to formalize and make these connections public. Realignment of
existing trails may be necessary to accommodate both trail access and private
development.
To conform to these non-motorized goals and policies, the improvements include sidewalks on
Cave and Ferncliff Avenue fronting the project site and an off-site sidewalk connection added
to Cave Avenue. Additionally, the proposed development will provide ADA compliant, publicly
accessible paths through the development, and a path to connect to the neighboring Harbor
Square park (Conditions # 11 & 57-61).
B. Goal 2: Develop non-motorized design standards that provide safe and efficient access,
encourage use and mobility, conform to State and Federal requirements, are responsive to the
needs and character of the neighborhood and are sensitive to the natural environment.
i. Non-motorized Policy 2.2 The use of color, texture, lighting, signage, and paving to
designate non-motorized facilities and roadway crossings shall be incorporated into adopted
design standards.
The proposed internal pathways are conditioned to provide signage and texture to conform to
this non-motorized policy (Condition # 26).
IV. LAND USE CODE ANALYSIS
1. Housing Design Demonstration Projects, BIMC 2.16.020 (Q)
A. Purpose and Goals
The purpose of this subsection Q is to allow the development of housing design demonstration
projects that increase the variety of housing choices available to residents across underserved
portions of the socio-economic spectrum, and to promote compact, low-impact development
where it is most appropriate. Further, its purpose is to encourage high quality and innovation in
building design, site development, and “green” building practices.
The goals of this program are to increase the housing supply and the choice of housing styles
available in the community; to promote socio-economic diversity by adding to the stock of
income-qualified housing; to encourage development of smaller homes, at reasonable prices, in
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neighborhoods attractive to a mix of income and age levels; and to demonstrate that innovative
design and building techniques (conserving water and energy, using sustainably sourced
materials, limiting environmental impacts) are compatible with market considerations. The
proposed project meets the purpose and the goals of the HDDP program by providing a variety
of housing choices (townhomes, lofts, 1, 2 & 3 bedroom apartments), encourages development
of smaller homes by providing single family homes ranging in size from 1,414 to 1,600 square
feet and providing innovative building design and green building practices by implementing
LEED standards into the development.
B. Applicability
Only properties located within the Winslow Study Area of the Winslow Master Plan and the
Winslow Sanitary Sewer System Service Area can apply for the HDDP ordinance. The project site
is located in the Winslow Study Area of the Winslow Master Plan and the Winslow Sanitary
Sewer System Service Area.
C. Review and Approval Process
Housing Design Demonstration Project applications are reviewed in accordance with BIMC
2.16.020(Q). Applicants proposing a demonstration project meet with City staff during the
conceptual phase to discuss the goals and evaluation parameters of the proposed project. The
applicant is required to participate in one or more community meetings, and to reflect input
received from public meetings and the conceptual meeting in materials submitted for a
preapplication conference. Subsequent to the preapplication conference, the applicant receives
preliminary notification from the Director as to whether the proposal qualifies for participation in
the HDDP program. An applicant may submit a land use application for a housing design
demonstration project after completion of conceptual and preapplication review, and notification
by the City the proposal qualifies for the HDDP program. All housing design demonstration project
applications, including subdivisions, shall be reviewed by the design review board and the
planning commission at public meetings. The design review board and the planning commission
shall make recommendations on all housing design demonstration projects. The applicant
followed the process by participating in conceptual proposal review and participating in a public
participation meeting and a pre-application conference. The applicant submitted for a HDDP
determination through the underlying site plan review and subdivision applications. The
projects are consolidated, as allowed under the ordinance. The design was reviewed by the
design review board and is before the planning commission at a public meeting before going to
the Hearing Examiner for a final decision.
D. Evaluation Method
Each project will be evaluated for innovation and achievement of the goals of subsection Q of this
section using a number of factors. The evaluation factors are divided into three categories;
density, green building and innovative site development, and housing diversity. Projects that
qualify as housing design demonstration projects are eligible to use the flexible development
standard incentives
The applicant applied as a Tier I LEED project. Tier I projects do not receive a density bonus, must
achieve at least 16 points in innovative site development, must construct homes not greater than
1,600 square feet and receive at least 5 points in the Housing Diversity category. The matrix used
to evaluate the project and a discussion of the points received is provided below (see Exhibit Lists
B) Staff, the Director and the Development Engineer assessed the points.
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a. BIMC Table 2.16.020.Q-2, Housing Diversity Category: (requires a minimum 5 points)
The HDDP limit the home size to a maximum of 1,600 square feet and require a minimum
of five points in the affordable housing, unit size and unit type categories. In order to
score a point in unit size or unit type, the project shall provide at least 10% of the total
number of units in that range. The proposed units do not exceed 1,600 square feet of
floor area and the projects received seven points, which exceeds the minimum four
points required.
i. Affordable housing: 0 points
The project is not providing nor is it required to provide any affordable housing units.
ii. Unit Sizes: 4 points
Project includes a variety of unit sizes, excluding garages, that provide for a broad mix
of income levels and family size. In order to score a point in a unit size range, the
project shall provide at least 10% of the total number of units in that range.
Proposed units range in size from 546 square feet for the apartment units to 1,600
square feet for the Cave Avenue townhouses. None of the units exceed 1,600
square feet of floor area (Condition # 28).
Unit Size Range
(sq ft)
Number
of Units
% of total Points:
Less than 800 84 60% 1
801-1000 14 10% 1
1001-1200 22 17% 1
1201-1400 0 0% 0
1401-1600 18 13% 1
iii. Unit Type: 3 points
Unit Type Number
of Units
% of total Points:
Townhouse 25 16% 1
Flats 100 8% 1
Age in Place 15 75% 1
Total Housing Diversity points: 7
b. Innovative Site Development: (requires a minimum of 16 points)
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Tier 2 Green projects must receive a minimum of 16 points in innovative site development
by obtaining points by improving water quality, decreased stormwater quantity,
landscaping, common open space, transportation and biodiversity offsets. The project
provides innovative site development that meets the minimum amount of required
points by achieving 22 points.
i. Decreasing Storm Water Quantity: 0 points
The project uses a variety of methods to decrease storm water quantity by a variety
of methods, including LID, rainwater collection or reuse methods. Low impact
development approach to storm water management through small-scale
decentralized practices that infiltrate, evaporate and transpire rainwater. Invasive
species shall not be incorporated into low impact development plantings. Cisterns
should be used for irrigation or greywater, and the standard sizing is 1 gallon/0.5 ft2
roof area.
ii. Improving Water Quality: 5 points
Project should limit storm water runoff from pollution generating surfaces, and treat
water quality on site. Low maintenance landscaping that integrates a high proportion
of native plants or drought-tolerant plants that are climate and site appropriate.
Projects should be carefully designed to minimize disruption to existing appropriate
vegetation. To support healthy vegetation, the project provides adequate soil volume
to sustain root development. The project receives 5 points due to the percentage of
parking (83%) that is covered. Covered parking spaces include: 18 townhome stalls,
7 live work stalls and the 115 under apartment spaces.
iii. Common Open Space: 10 points
Project provides well-designed common open space, with at least 5 percent of the
gross land area set aside as open space and designed as an integrated part of the
project rather than an isolated element. The common open space must be outside of
critical areas and their buffers and required roadside buffers. Appropriate community
amenities such as playgrounds, composting and neighborhood gardens promoting
the production of locally grown food are encouraged. Resident neighborhood
community gardens can be in common open space areas and shall be appropriately
located for solar exposure, and include water availability, soil amenities, and storage
for garden tools. Required growing space for neighborhood gardens is 60 square feet
per dwelling unit, not including any existing orchard area. Open space dedicated to
the public pursuant to the standards of BIMC 17.12.030.A.1, A.2, A.3, A.6 and A.7 is
encouraged. The applicant is dedicating 21% of the site as public open space in the
form of a park and a courtyard for 10 points.
iv. Transportation: 7 points
Project design provides enhanced sensitivity to pedestrian and bicycle travel to
promote the people getting around without a car, a reduced carbon footprint,
improved health of humans, and lower pollution levels. Project internally preserves
existing informal internal connection to external non-motorized facilities, furthering
the Non-motorized Transportation Plan (NMTP) and using such solutions as woonerfs,
green streets, and natural trails and paths. Project reduces reliance on automobiles
and trip counts, and promotes alternative transportation such as integrative parking
and charging facilities for electric cars, or bus shelters. The project is providing non-
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motorized connections, including the sidewalks on Cave & Ferncliff Avenues (2
points), as well as public walkways (2 points). Additionally, the site provides 3% of
the parking spaces as electric charging stations (3 points) for a total of 7 points.
Total Innovative Site Development points: 23
c. Innovative Building Design. The project is constructed under a green building certification
program that requires third-party verification such as the Evergreen Sustainable
Development, Living Building Challenge standard of the International Living Building
Institute, Passive House Institute US/International, LEED or the BuiltGreen Program of the
Master Builders of King and Snohomish Counties. The project is using the LEED standard,
with low, medium and high gold targets.
E. Approval Criteria-Housing Design Demonstration Project
In addition to the decision criteria required by the underlying planning permit, an application
for an innovative housing demonstration project may be approved if the following criteria are
met:
i. The applicant clearly demonstrates evaluation factors listed in subsection Q.4 of this
section as shown in the housing design demonstration project scoring system as
evaluated by the planning department; The project has been reviewed by the
Department of Planning and Community Development and is conditioned to comply
with the housing diversity criteria, use of innovative site development practices and
innovative building design practices (Condition # 27).
ii. The applicant has demonstrated how relief from specific development standards,
including setback reductions, lot coverage and/or design guidelines, is needed to
achieve the desired innovative design and the goals of this chapter; The applicant is
not seeking relief from specific development standards, but rather to create single
family residential lots in the mixed use town center – where they are otherwise
prohibited.
iii. The project does not adversely impact existing public service levels for surrounding
properties; The project is not anticipated to adversely impact public service levels
for surrounding properties. The streets and pedestrian ways as proposed are
adequate to accommodate anticipated traffic. The proposal includes the addition
of an urban park that will increase the recreation and open space level for the
surrounding public.
iv. The project complies with all other portions of the BIMC, except as modified
through this housing design demonstration project process; The proposal complies
with all applicable provisions of the Municipal Code. Because single-family
subdivisions are not allowed in this zoning district, the amount of open space
required is provided in the HDDP ordinance.
v. If a project will be phased, each phase of a proposed project must contain adequate
infrastructure, open space, recreational facilities, landscaping and all other conditions
of the project to stand alone if no other subsequent phases are developed; The
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project is not phased, however the development of the park may occur
independent of the housing as it will be fully developed by the parks district.
vi. The applicant is meeting required housing diversity standards. The applicant is
meeting these standards by providing a variety of housing unit types and sizes while
not exceeding 1,600 square feet per unit.
F. Development Standard Incentives
The applicant may request that development standards from Titles 17 and 18 be modified as
part of a housing design demonstration project. The city will review the request to modify
development standards through the project review process outlined in BIMC 2.16.020.Q.3
and considered in relation to all required decision criteria. The following development
standards may be modified (only those proposed for modification are included):
Open Space. For MUTC projects developed under BIMC Title 17, flexible lot
subdivision, the prescriptive open space requirements in BIMC 17.12.030.A do not
apply. Instead, the project shall integrate at least 50 square feet of open space per
unit. The open space shall be located along a public or private street or driveway, or
public walkway. The project is required to provide 7,000 square feet of open space
for the project (140 units X 50). The project exceeds this minimum standard by
providing a 1.03 acre park and a .28 acre public courtyard.
G. Demonstration Project Site Visit
All demonstration projects completed under this chapter shall allow city staff to conduct
occasional site tours. Staff may be able to tour the site no more than once every three month.
Staff shall be able to access the site with permission and cooperation of the property owner
(Condition #28).
2. BIMC 16.20 Critical Areas
The site does not contain any designated critical areas as found in BIMC 16.20.
3. BIMC Title 18 Zoning
A. BIMC 18.06.030, Mixed Use Town Center Zone:
Ferry Terminal Overlay District. The purpose of the ferry terminal overlay district is to provide
an attractive setting for ferry and associated transportation-oriented uses and serve as the
entry-point into Winslow. This district is also intended as a new pedestrian- and transit-
oriented, mixed use neighborhood that complements the character and vitality of the core
and serves the neighborhood and commuters. The proposed single and multi-family dwelling
neighborhood is pedestrian and transit oriented due to its proximity to the ferry and the
proposed sidewalk improvements through the site and along Cave and Ferncliff Avenues.
B. BIMC 18.09.02 Use TABLE
Single-Family dwellings and multifamily dwellings are permitted in the Ferry Terminal
overlay district. 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. The proposal is for a single and multifamily dwellings. The project will
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exceed the 10% requirement by providing both a one acre park, landscaping and a courtyard
totaling approximately 35% of the site (Gilmore Partial screen: 12, 640 square feet, Cave
Avenue screen: 5,680 square feet, .28 acre courtyard & 1.03 acre park).
C. BIMC 18.09.030 Use-specific standards.
In the Mixed Use Town Center, any new single-family residences proposed after the
enactment of Ordinance 2010-09 shall only be allowed through an approved subdivision that
qualifies as a housing design demonstration project pursuant to BIMC 2.16.020.Q. Properties
with frontage along Winslow Way between Madison Avenue and State Route 305, excepting
flag lots, must include a retail and/or commercial component. Solely residential development
is not allowed in this area unless approved through a subdivision that qualifies as a HDDP.
The proposed development is strictly residential, the project qualifies as a HDDP pursuant
to BIMC 2.16.020.Q and a residential subdivision is proposed and recommended for
approval.
D. BIMC 18.12.020-3, Standard Lot Dimensional Standards for Residential Zone Districts
a. Maximum Residential FAR. .4
Maximum with Bonus: 1.1
The size of the site is 4.87 acres or 212,137 square feet. The Base FAR is 84,854.88 square
feet. The maximum with a 1.1 bonus is 233,350 square feet.
The definition of floor area excludes portions of parking located underneath a building
footprint. While some of the buildings have partial underbuilding parking, with the
exception of the apartment building, the applicant excluded all underbuilding parking in
the floor area calculation.
The project is proposing 154,229 square feet of floor area. Pursuant to 18.12.030.E. up to
60 percent of the maximum residential, commercial or mixed use FAR bonus may be
achieved by providing community open space of one acre, or 20 percent of the parcel
area, whichever is greater. 20% of 4.87 acres is .974 acres. The applicant is proposing
over an acre of open space, the greater of 20%.
The amount of FAR bonus available with this incentive is (233,350-84,854.88=148,496 X
.60) 89,097 square feet. Of the 154,229 square feet proposed, 84,854 is the base and
69,375 will be acquired through the density bonus.
The requirements for this community open space is that it shall be located in or in the
immediate vicinity of locations identified in Figure 4.1 of the Winslow master plan, it must
be located on the same parcel that is being developed, and must be on land that would
be otherwise buildable. Adequate public access to the community open space must be
provided. The city shall consider approving the bonus, taking into consideration the
configuration, public use and accessibility of the proposed open space.
The applicant is proposing a one acre park along Ferncliff Avenue frontage. This area
would be buildable, with the exception of the 20’ landscape buffer. The site was
identified in the Winslow Master Plan as a target site for a 1 acre park, and the adjoining
Harbor Square Development has a park immediately south of the site that was also
created as a FAR density bonus.
Bainbridge Landing Page 23 of 39
The parks is slated to be given to the Parks District for design and maintenance. The
Parks District will not begin their public outreach for the design of the park until 2018.
The City has corresponded with the Parks District to find out how they envision the use
of the park. The District foresees this as neighborhood, walk-in park that will be
characteristically passive. They anticipate the development of a playground structure
similar to a comparable neighborhood park recently developed in Lynwood Center
(Schel Chelb Park).
The applicant anticipates beginning construction on the units that require the bonus prior
to the Parks district development of the park. The applicant has indicated their intent is
to at a minimum grade and seed the park and establish walking paths in lieu of the Parks
Districts development. The applicant has indicated that they plan to bond for a complete
park, and intend for the amount to cover for a play structure and benches. The project
is conditioned to provide these improvements (Condition #29).
b. Minimum Lot Dimensions. There are not any area, depth or width requirements in this
zoning district.
c. Maximum Lot Coverage: The maximum lot coverage by buildings is 75%. The overall site
is proposed to have a lot coverage of only 27%.
d. Minimum Setbacks. 5’ maximum from the sidewalk in the front yard – except as modified
in BIMC 18.12.030.C. side and rear setbacks are 0’. When property adjoins a single-family
Bainbridge Landing Page 24 of 39
residential zone, building setback shall be in accordance with the landscape ordinance
perimeter landscaping requirements. The setbacks for this property are modified by
BIMC 18.12.030.C which require setbacks based on a diagram, dictated by landscaping
buffers. The project meets the setbacks as required with a 20’ setback along Cave,
Ferncliff and Gilmore Avenues.
e. Maximum Building Height. The maximum building height in this district is also modified
in BIMC 18.12.030.C. The project is conditioned and found to meet the overlay setbacks
which include: 25’ building height, with a range up to 45’ with underground parking.
The proposed apartment building is segmented. The calculation of height for a
segmented building is the maximum height of any segment. The project appears to be
meeting the height requirements and will be reviewed at building permit s ubmittal to
ensure the height restrictions are met.
E. BIMC 18.12.030 Additional dimensional provisions.
a. Transition Standards in the Ferry Terminal Overlay District. The landscaping and height
restrictions illustrated below shall apply to this transition area. The diagram shows the
buffers required prior to the dedication of right-of-way. For Cave Avenue, 10’ of the
partial landscaping screen is in the 10’ of city dedicated right-of-way and 10’ is on the
subject property. The applicant is meeting the entire partial screen buffer requirements
within the 10’ on the subject property, while providing a sidewalk within the 10’ of
dedicated right-of-way. The western portion of the 20’ partial landscaping screen abutting
Gilmore Way is currently developed with Gilmore Way, as the access encroaches on the
subject property. The applicant is meeting the partial landscaping screen requirements
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despite this existing, nonconforming encroachment.
F. Gilmore Partial screen calculation: Pursuant to BIMC 18.15., the number of trees is
determined by calculating the area of the perimeter buffer and dividing by 400 square feet or
one tree for every 20 feet of buffer length, whichever is greater.
632 linear feet X 20’ depth = 12, 640 area of buffer / 400 = 31.6 trees
632 linear feet/20 (one tree per 20 linear feet) = 31.6 trees
The amount of trees required is 32 within the Gilmore partial screen buffer.
The number of shrubs is determined by calculating the area of the perimeter buffer and
dividing by 100 square feet or one shrub for every five feet of buffer length, whichever is
greater.
12,640/100 = 126.4 shrubs
632/5 = 126.4
The amount of shrubs required is 126.4 within the Gilmore partial screen buffer.
Cave Avenue partial screen buffer:
Trees: 284 linear feet X 20’ depth = 5,680 square feet/400 = 14.2 trees
284 linear feet/20 (one tree per 20 linear feet) = 14.2 trees
Shrubs: 5,680/100 = 56.8
284/5 = 56.8
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The amount of shrubs required is 56.8 within the Cave Avenue partial screen buffer.
Ferncliff Avenue partial screen buffer: The length of Ferncliff is the same as Cave Avenue and
has the same tree and shrub requirements.
The project is conditioned to plant the 20’ landscape buffer abutting Gilmore within the
area outside of the access way and to replant the entire 20’ buffer along Gilmore in the
event that Gilmore is realigned on the easement. The project is conditioned to approve a
larger buffer on Ferncliff; allowing the park to provide the entire buffer requirements rather
than limiting it to the 20’ frontage and to require planting in the dedicated portion of the
Cave Avenue right-of-way, in addition to the 10’ on the subject property (Condition 31).
2. BIMC 18.15 Development Standards and Guidelines
A. BIMC 18.15.010: Landscaping and Screening
a. Landscape Requirements by Zone District
In the ferry terminal overlay districts, the specific intent is to: provide an urban character
by incorporating landscape standards; and to provide landscape development to screen
uses from single-family residential properties and to soften the appearance of surface
parking areas. The project design is meeting the landscaping intent by meeting the
landscaping standards; which provide a screen to the single-family residential
properties to the north, west and east of the site. The majority of the parking is
underground and the limited surface parking areas are provided within the site and
buffered either by buildings or landscaping.
Projects in the zoning districts require compliance with the following: significant tree &
tree stand retention, perimeter landscape, roadside buffer (only adjacent to Hwy 305),
parking lot landscaping, total site tree unit requirements, planting requirements and
irrigation & maintenance requirements.
b. Total retention, protection and replacement
Retention: Trees and tree stands located in the perimeter areas required to be
landscaped pursuant to subsections D and E of this section shall be retained and protected
as described in subsection C.4 of this section, unless an applicant can demonstrate during
the land use permit review process that the existing trees and vegetation will be
compromised after the development is complete, and would likely become hazardous as
described in subsection C.1.c of this section. If the applicant can demonstrate that hazard,
then new trees and vegetation may be planted pursuant to the planting standards of
subsection D.4 of this section. Perimeter landscape widths may be averaged to save
significant trees, but shall not be reduced to less than the allowed minimum perimeter
dimension.
c. Exceptions. Significant trees and tree stands may be removed if it is determined by a
consulting arborist who is certified by the American Society of Consulting Arborists, or a
TRACE certified professional as established by the PNW Chapter of the International
Society of Arboriculture, and whose services are paid for by the applicant, that the
vegetation is:
i. A safety hazard due to potential root, trunk, or primary limb failure, or due to exposure
of mature trees that have grown in a closed, forested situation; or
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ii. Damaged, diseased, or standing dead trees. The applicant provided a report from a
consulting arborist certified by the American Society of Consulting Arborists to evaluate
18 trees in the buffer areas on the west and north sides of the site. Five of the trees
were in poor condition and had poor structure and should be removed as they were
determined to not be safe after development activities. The remaining 13 trees were in
good condition and able to be retained with tree protection installed to the drip lines
(see Exhibit List N & 0).
Replacement: Unauthorized removal of trees shall result in at least one-and-one-half
times (150 percent) of the number of tree units removed. The trees removed shall be
replaced with trees of the same type, evergreen or deciduous. Native shrubs and ground
cover shall also be replaced when replacing tree stands due to unauthorized removal.
Shrubs shall be one-gallon size planted four feet on center spacing; ground cover shall be
one-gallon size planted three feet on center spacing. The shrubs and ground cover shall
be planted within the limits of the previous tree stand canopy. This shall be noted on the
face of the final plat (Condition 42).
Removal: A property owner may request removal of trees required to be retained
pursuant to this chapter by applying for a clearing permit with a replanting plan. Trees
will be approved for removal only if they meet the hazard tree requirements. This shall
be noted on the face of the final plat (Condition 42).
Enforcement and Penalties: Failure to retain, replace or transplant trees will be enforced
as follows; provided, that any fine shall be no less than three times the value of the trees,
as determined by the current standards of the International Society of Arboriculture. The
city may issue the following; stop work orders, injunction or abatement or any other
appropriate action in courts and/or a civil infraction, subject to enforcement and fines.
This shall be noted on the face of the plat (condition 42).
Protection during construction and development: The Code provides regulations
intended to provide the best protection for existing vegetation, trees and tree stands,
including protection for trees on adjacent properties, and to preserve the ecological
function of the landscaping area by protecting existing soil. The applicant provided a
report from Fischer Bouma Partnership to demonstrate how these methods will be
provided to ensure the retention of trees according to the Tree Retention Plan (L02)
(See Exhibit List N). The project is conditioned to meet these methods and will be
reviewed for compliance during the plat utility phase (Condition 6).
Modification of Requirements: If the significant tree and tree stand retention
requirements of this section create an unnecessary hardship, the applicant may request
a modification. The director may administratively approve a modification of the
significant tree and tree stand requirements of this section if the director finds that the
following standards have been met:
a. The modification is necessary because of special circumstances relating to the location
of existing significant trees and tree stands that prevent compliance with this section; and
b. The special circumstances of the subject property make the strict enforcement of the
provisions of this section an unnecessary hardship to the property owner; and
c. The special circumstances of the subject property are not the result of the actions of
the applicant; and
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d. The approving of the modification will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and land use district
in which the subject property is located; and
e. The modification is consistent with the purpose and intent of this chapter; and
f. The site design incorporates the retention of other natural vegetation in consolidated
locations that promotes the natural vegetated character of the site.
Six trees with adequate health which are located within buffers are proposed for removal.
The application provided information to the Director to support a modification. The
applicant explained that the modification is necessary due to special circumstances
relating to the location of the existing trees. Six of the trees are located within new
public roadways (5 in the NE corner entry drive and 1 in the SW entry drive), and one is
located in the future sidewalk along Ferncliff. Locations for these roads were
determined to be optimal to minimize disturbance of other mature trees along Ferncliff
and to utilize an existing gravel accessway (Gilmore). Not allowing access in these
locations would present an unnecessary hardship to the property owner. The special
circumstances - locations for functional and safe ingress/egress as defined in
collaboration with City engineers - are not the result of the actions of the applicant. The
modification will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity and land use district. The modification is
consistent with the purpose and intent of the Landscaping chapter- the intent of the
partial screen buffers are being met through the retention of other trees and the
planting of new trees (subsection e). Last, the site design incorporates the retention of
other natural vegetation, particularly in the 1-acre open space being preserved and
ultimately given to the Parks Dept. which will preserve more than a dozen mature trees.
Staff recommends that the Director approve the modification and allow these trees to
be removed.
Perimeter Buffering and Screening.
The Winslow Town Center Mixed Use District requires a 20’ full screen when abutting
single-family residential, however the footnote states that the BIMC 18.12.030.c Table
applies to this property.
While not required, the applicant is proposing a buffer to the adjoining Harbor Square
Development to meet the requests of the neighbors to buffer the impacts of the
development (Condition 31).
Street Frontage Landscaping.
Roadside buffers are only required when the property abuts SR 305.
Parking Lot Landscaping.
Parking lot landscaping standards are specific to the Winslow Mixed Use Town Center
Overlay District and the proximity of the buildings and the parking lot to the public rights
of way. The project does not propose a parking lot but rather parking within the proposed
right-of-way. Therefore, there is no applicable standard under this section.
Performance Assurance.
Performance assurance is required to assure the city that the landscaping required by this
section is properly installed, will become established and adequately maintained. The
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required landscaping shall be installed prior to the issuance of a temporary certificate of
occupancy for the project. A Washington landscape architect, Washington certified
nursery professional or Washington certified landscaper shall submit a landscaping
declaration to the department to verify installation in accordance with the approved
plans. The project is conditioned to meet this requirement (Condition #32).
Maintenance Assurance.
The property owner shall replace any unhealthy or dead plant materials in conformance
with the approved planting plan. A maintenance assurance device shall be required for a
period of three years after acceptance by the city of the new planting or transplanting of
vegetation to ensure proper installation, establishment, and maintenance. The project is
conditioned to meet this requirement (Condition #33).
B. BIMC 18.15.020 Parking and Loading
a. General Requirements. Unless approved by the director, only a single access to public
right-of-way is allowed for an individual lot. More than one access may be allowed by the
director if the director determines, based on drawings or other information submitted by
the applicant, that (a) the proposed site access includes measures that mitigate any
identified negative impacts or effects that would result from the additional access point(s);
and (b) the additional access point(s) will improve on-site or off-site traffic flow or is
necessary for, or will help facilitate, compliance with other requirements of this chapter.
The applicant is proposing two access points on the subject lot due to the size of the lot,
and the change in topography across the site. Of these, one is two way and the other is
one-way. This deviation meets the requests of the City’s fire marshal that the project
provide two separate and approved fire apparatus access roads.
The roads were reviewed and approved by the City’s third party traffic engineer. The
report provided analysis on traffic, site access and circulation, sight distance evaluation
and crash analysis. Negative impacts were not identified from these two access points;
and mitigation was not recommended.
Number of Spaces Required. The Code requires the following amount of spaces: 1 space
per primary dwelling unit that is a studio or 1 bedroom unit, and 2 spaces for all other
primary dwelling units. The Code allows a reduction up to 50% due to the sites proximity
to the ferry, or spaces. The director may require guest parking in excess of the required
parking spaces, whether or not the required parking is reduced pursuant to BIMC
18.15.020.B.12, up to a maximum additional 0.5 stall per dwelling unit, if there is
inadequate guest parking on the subject property.
Building/Unit
Type
Number
of Units
Parking
Required/unit
Parking
spaces
Ferry
proximity
reduction
Total
Parking
Required
0-1 Bedroom 90 1 90 90* 90
2 or more
Bedrooms
50 2 100 50 50
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Guest spaces
required
.25/per unit 28 none 35
Total: 140
175
Staff finds, based on Code requirements, the proposed 187 spaces meet the parking
demands of the development. Of those, the 13 townhouse units are providing 2 spaces
per unit (26 spaces), the Cave Avenue townhouses are providing 1 space per unit (5
spaces), the lofts are providing 2 spaces per unit (14 spaces), the underbuilding parking
garage is providing 111 spaces for the apartment building and 31 upland spaces are
provided (28 guest parking and 3 apartment spaces). The project is conditioned to mark
guest parking spaces as ‘guest parking’ (Condition 34).
Location of Spaces. Parking in the Mixed Use Town Center and High School Road I and II
zoning districts shall be located behind, to the side of or under buildings. Parking shall not
be located between a building and the front lot line, unless an applicant can demonstrate
that locating parking between a building and the front lot line is the only feasible location.
The site has three fronts: north, west and east. There is no parking proposed in these
front lot lines. Parking is proposed both underground and on-street. The on-street
parking is only intended for guest parking spaces, with the exception of three spaces to
serve the apartment building.
For on-street parking spaces, handicap parking shall be distributed throughout the street
and shall be separated from other handicap parking spaces by at least 10 nonhandicap
spaces, or as required by the building official (Condition 35).
b. Design Standards. Space depth shall be measured exclusive of access drives, aisles and
other physical obstructions. Small car spaces may total no more than 30 percent of the
required number. The parking garage meets the width and length requirements of the
code. The underground parking lot is proposed to provide 111 parking spaces; of which
4 are ADA, 36 compact and 71 standard. The amount of compact spaces proposed is 2
more than allowed. The final garage plan shall provide compact spaces that do not
exceed the 30% maximum (Condition 36).
C. BIMC 18.15.030 Mobility and Access
a. Circulation and Walkways. The Municipal Code addresses safety, efficiency and the
buffering of parking lots through landscaping. It also provides standards for pedestrian
and internal walkways. The project is conditioned to provide the internal walkways with
nonskid hard surfaces, to meet accessibility requirements and to provide a minimum of
five feet of unobstructed width (Condition 26).
b. Bicycle Facilities. Bicycle facilities are required for multifamily developments at a minimum
of one bicycle space for every five parking spaces for the multifamily development. The
proposed apartment development requires approximately 23 bicycle parking spaces
(114 spaces X .25 = 23 spaces). Bike storage space is proposed within the garage. The
project is conditioned to ensure these spaces are provided during the construction of
the parking garage (Condition # 37).
D. BIMC 18.15.040 Lighting.
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a. General Standards. All outdoor lighting fixtures installed on private property shall comply
with this chapter. The Municipal Code provides for general standards for outdoor lighting
to prevent light trespass and pollution. The project shall provide a lighting plan at
building permit submittal and the project shall be reviewed for compliance with the
lighting guidelines (Condition 22).
E. BIMC 18.18.030 Specific Design Regulations and Guidelines
Multifamily development in the R-8 and R-14 zones shall comply with those regulations
contained in “Design Guidelines for Multifamily”. The project was reviewed for consistency
with those guidelines at three Design Review Board meetings. The design guidelines are
specific to site and building design. Attached are the applicants’ response to each guideline
(Attachments) and the minutes from each Design Review Board meeting.
The review during the pre-application phase resulted in change to the plans prior to submittal
of the official land use applications and included a detailed ground plan and landscaping,
loading area, two elevators, on-street guest parking, rubbish within the retaining wall and a
subterranean rum under the landscaping. It was stated by the applicant that the park will go
through a public process by the BIMPRD for its design.
On October 17, 2015, the Design Review Board motioned to approve the plan with the
condition that the architect return to the DRB with exterior materials and placements on the
building.
On November 21, 2016, the applicant met again with the DRB and brought forth three
different material designs including hybrid wood in multiple places), durable (pre-finished,
inlerlock system and natural (new scheme) sheets and panels, rusted look. The DRB motioned
4-1 that they were in favor of the natural palette color. The applicant has agreed to follow
the DRB recommendation and provide warm, natural colors (Condition 25).
4. BIMC 2.16.040 Site Plans and Design Review
Decision Criteria.
i. The site plan and design is in conformance with the Bainbridge Island Municipal Code,
unless a standard has been modified as a Housing Design Demonstration Project
pursuant to BIMC 2.16.020. As conditioned, the proposal complies with all
applicable provisions of the Code. Approval as an HDDP project provides bonus
density incentives, relief from setbacks, an increase in the maximum height,
modifications to parking requirements and modification to roadside buffers. The
applicant is not requesting relief from any development standards, but only to
subdivide the property to provide for single family homes; a use otherwise
prohibited in the ferry terminal district.
ii. The location of the buildings and structures, open spaces, landscaping, pedestrian,
bicycle and vehicular circulation systems are adequate, safe and efficient. The project
was designed to maximize open space with underground parking, and in turn
provide safe and efficient pedestrian and bicycle passage through the site with
limited vehicle interaction. With the few proposed parking spaces located on-street
and below ground, the internal site provides open space comprised of a park,
courtyard and landscaping. The site provides pedestrian, bicycle and vehicular
circulation that is found to be adequate, safe and efficient. The site will provide
two-way vehicular traffic on the proposed north access road, and one-way on the
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southern access road. Sidewalks are proposed through the development and along
Cave and Ferncliff Avenue frontages as well as off-site connecting to Cave Avenue.
iii. The proposal will be served by adequate public facilities including roads, transit,
water, fire protection, sewage disposal facilities and storm drainage facilities. As
conditioned, the existing and proposed infrastructure is adequate for the traffic
impacts, fire protection, water, sewage disposal and storm drainage needs of the
project as discussed under the land use code analysis of this report. The applicant
will provide one of two options to achieve needed fire flow. The City is improving
their storm drainage needs along Winslow Way to improve the capacity of the
storm drainage facilities serving the site. As conditioned, the development has
received approval from the Bainbridge Island Fire District and the Development
Engineer.
iv. The site plan and design is consistent with the design guidelines contained in BIMC
18.18.030.B unless strict adherence to a guideline has been modified as a Housing
Design Demonstration Project pursuant to BIMC 18.38. The proposed residential
designs were reviewed against the Commercial and Mixed Use, Mixed Use Town
Center and Ferry Terminal design guidelines at three Design Review Board
meetings. The project is found to be in compliance with the design guidelines, as
recommended by the Design Review Board.
v. No harmful or unhealthful conditions are likely to result from the proposed site plan.
No harmful or unhealthful conditions are likely to result from the proposed site
plan. Infrastructure improvements are provided to ensure that water and sewer
and storm systems continue to operate without causing any harm. The project is
also conditioned to comply with SEPA requirements to avoid or mitigate any
potentially harmful impacts.
vi. The site plan and design is in conformance with the comprehensive plan and other
applicable adopted community plans. As conditioned, the site plan and design is
found to be in conformance with the Comprehensive Plan and other adopted
community plans. The project provides a variety of housing within close proximity
to downtown and the ferry and provides non-motorized improvements and
internal, publicly accessible pathways to encourage residents to utilize non-
motorized transportation options for work, recreation and to patronize local
businesses. The project also encourages the preservation of historic resources by
recording historical documents at the Bainbridge Island Historical Museum and
providing signage commemorating the past at the proposed community park.
vii. Property which contains a critical area as defined in BIMC 16.20 conforms to all
requirements of that chapter. The subject property does not contain any critical
areas.
5. BIMC 17.04 Subdivisions
The subdivision is for the creation of 27 lots, including a one acre park. All single family short and
long lot subdivisions shall be designed consistent with the flexible lot design process and the
flexible lot standards (BIMC 18.12.020, 17.12.030 and BIMC 17.12.040). Subdivisions established
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for multifamily and nonresidential uses are not subject to open space or cluster flex lot provisions
and shall comply with BIMC 17.12.050.
A. Section 18.12.030-3 Dimensional Standards for Mixed Use Town Center
a. Floor Area Ratio. Base residential FAR and Bonus FAR are available as follows: .4 Base,
1.1 Maximum with Bonus. The size of the site is 4.87 acres or 212,137 square feet. The
Base FAR is 84,854.88 square feet, and the maximum with bonus is 233,350 square
feet. The applicant is planning to utilize the FAR bonus by providing a park.
b. Minimum Lot Dimensions. There are not any minimum dimensions for this district.
c. Maximum Lot Coverage. The maximum lot coverage by buildings is 75%. Lot coverage
means that portion of the total lot area covered by buildings, excluding up to 24
inches of eaves on each side of the building, any building or portion of building
located below predevelopment and finished grade (BIMC 18.12.050). The maximum
lot coverage shall not exceed the lot coverage provisions of BIMC Title 18; the maximum
lot coverage for the zone is 75 percent.
The lot area is 4.87 acres or 212,137 square feet. Lot coverage is limited to 75% or
159,103 square feet, with a portion to be assigned at preliminary approval. Overall lot
coverage is proposed at 27%. This development standard is not proposed for
modification by the HDDP program; the project meets the lot coverage provisions of
BIMC Title 18. Lot coverage shall be recorded on the face of the final plat (Condition #
40).
d. Minimum Setbacks. Front setbacks are modified by transition standards in BIMC
18.12.030.C and are applied to this subdivision. Side and rear setbacks are 0’.
e. Maximum Building Height. Maximum building height ranges from 35’ to 45’ based on
the Ferry Terminal Overlay. The project is meeting this standards; and the overlay shall
be recorded on the face of the plat.
B. Section 17.12.030 Open Space Flexible Lot Standards
Open space is not required due the subdivision, however the code requires that at least
10% of the site be provided as open space. The project is proposing to exceed this
standard by dedicating 21% of the site as public open space in the form of the park, and
a courtyard for the residents.
C. Section 17.12.040 General Subdivision Standards
All residential short, long, and large lot subdivisions shall comply with the following
standards.
a. Compliance with BIMC Titles 16 and 18 and RCW Title 58. Lot areas, dimensions, and
other characteristics shall comply with the requirements of BIMC Title 18 applicable to the
zone district where the land is located, including landscaping and/or vegetated buffers. In
addition, each subdivision plat shall comply with all applicable provisions of RCW Title 58
(Boundaries and Plats) or its successors. Subdivisions including sensitive areas or their
required buffers shall also comply with the provisions of BIMC 17.12.060. As conditioned,
the subdivision is found to comply with BIMC Titles 16 and 18. In addition, the project is
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found to comply with RCW Title 58. The subdivision does not contain any sensitive areas
and is also found to comply with BIMC 17.12.060.
b. Home sites. Residential home sites shall be located consistent with the design
methodology prescribed in the flexible lot design handbook. The home sites were
designed to be responsive to the desired open space features of pedestrian connectivity,
a community park and landscaping. The layout of the site is to accommodate a dense
residential development in the area of the City designated to absorb growth.
c. Water Supply Systems. Locations of individual or community water supply systems and
associated wellhead protection areas required by the health district shall comply with all
applicable standards established by the health district. The project will connect to City
water. The water systems and proposed improvements have been reviewed and
approved by Kitsap County Health District, the City’s Operations & Maintenance
Department and the City Engineer.
d. Septic Systems. Locations of individual or community drainfields and associated reserve
drainfields shall comply with all applicable standards established by the health district. The
project will connect to City sewer and water. The Kitsap County Health District, the City’s
Operations & Maintenance Department and the City Engineer approve the preliminary
plat for compliance with sewer availability.
e. Roads and Pedestrian Access.
The North Access Lane is proposed as 24’ wide, two‐way, with a minimum 40’ ROW.
This lane provides the primary access through the site for both pedestrians and vehicles.
The North Access Lane will have sidewalks on both sides to serve proposed new
buildings on each side of the street. This access lane serves multiple functions including
access to; the apartment building main entry, loading and drop off areas, the public
park and to the Gilmore Townhouses.
The South Access Lane is proposed as a 16’ wide, one‐way lane, with a minimum 30’
ROW. The direction of travel is preferred to be from east t o west. This lane provides
access to parking garage below apartment building as well as garbage service pick‐up.
The one‐way limitation to direction of travel will minimize cut through traffic by non‐
residents. The south access will also have a bike lane. The sidewalk is limited to the
north side of the lane since a second sidewalk would not serve any residences and to
maximize landscaping along Harbor Square.
i. Roads and access complying with the “City of Bainbridge Island Design and
Construction Standards and Specifications,” and all applicable requirements of the
BIMC, shall be provided to all proposed lots consistent with the standards contained
within this subsection.
ii. A variation from the road requirements and standards contained within the “City
of Bainbridge Island Design and Construction Standards and Specifications” may
be approved by the city engineer through the minor variance process described
in BIMC Title 2. The City Engineer has determined that as conditioned, the
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proposed streets and pedestrian ways are adequate to accommodate the
anticipated traffic, and conform to the Design and Construction Standards and
Specifications, except as noted.
The applicant is proposing to vary from the road condition standards for both
the north and the south access roads. The north plat access road shall meet the
urban local access street standard of a minimum 40’ right-of-way with a cement
concrete curb and gutter. The applicant is proposing a 44.5’ right-of-way with a
flush curb as opposed to the curb and gutter and the addition of bollards. The
south access road does not have a specific standard for an urban one-way right-
of-way. The City used the suburban one-way road standard for guidance which
requires a 12’ wide travel way and a 6’ wide shoulder. The applicant is
requesting a 11’ travel land and a 5’ bike lane. This reduction was supported by
the City’s fire marshal. The reduced width is also found to support traffic
calming and reduce impervious surfaces. To further traffic calming, the south
road and north roads are proposed with speed tables. The City Engineer is
recommending approval of these deviations.
iii. Existing roadway character shall be maintained where practical. This may be
accomplished through the reduction of roadway width consistent with subsection
E.2 of this section, the minimization of curb cuts, and the preservation of roadside
vegetation. To minimize impervious surfaces, public rights-of-way, access
easements and roadways shall not be greater than the minimum required to
meet standards unless the city engineer agrees that the additional size is justified.
The roadways that are impacted by this development are Ferncliff and Cave
Avenue with the addition of sidewalks and curb cuts. Two new public roads will
bisect the property running east west; with the northern road proposed as two-
way and the southern as one-way. The project is conditioned to dedicate right-
of-way, construct sidewalks and provide vegetation within the right-of-way to
maintain existing character.
iv. Connections to existing off-site roads that abut the subject property shall be
required where practicable, except through critical areas and/or their buffers.
Ferncliff and Cave Avenues abut the subject property. Gilmore is an access way
that encroaches on the property, and at the point of entrance from Ferncliff,
the applicant is proposing to connect and share the drive. The project also
proposes a northern, two way road that connects Ferncliff to Cave Avenue and
a southern, one-way road that also connects from Ferncliff to Cave Avenue.
v. Street names and traffic regulatory signs shall be provided, and their locations
shall be indicated on the plat/plan. The location of mailboxes and traffic
regulatory signs is only required to be indicated on the plat/plan when other
public improvements are required. The project is conditioned to provide these
locations on the final plat (Condition # 42).
vi. Transit stops shall be provided as recommended by Kitsap Transit. Due to the site’s
proximity to the ferry, transit stops are not recommended.
Bainbridge Landing Page 36 of 39
vii. Pedestrian and bicycle circulation and access within a subdivision and onto the
site shall be provided through walkways, paths, sidewalks, or trails and shall be
consistent with the non-motorized transportation plan. Pursuant to RCW
58.17.110(1) sidewalks shall be provided, where necessary, to assure safe walking
conditions for students who walk to and from school. Special emphasis shall be
placed on providing pedestrian access to proposed recreational and/or open
space areas. Pedestrian access is proposed through the site connecting to
existing pathways and the adjoining public open space in the Harbor Square
development. Sidewalks shall be constructed within the Ferncliff and Cave
Avenues right-of-ways adjoining the site. A series of publicly accessible internal
trails connect the residents to the proposed pavilion and public park.
f. No City Maintenance of Streets in Short Subdivisions. Streets within a short subdivision
shall not be maintained by the city unless such streets have been dedicated as a right-of-
way, improved to current city standards, and accepted as part of the approved short
subdivision. Therefore, unless accepted, the responsibility for maintenance shall lie with
the owners of the lots. This is not a short subdivision and therefore, this condition is not
applicable.
g. Improvements.
i. Where the buildout of a subdivision is divided into phases, land dedications and
infrastructure development will be required on a pro rata basis as each phase is
developed unless the applicant negotiates an alternative phasing schedule with
the city. This will be required to be documented on a plat note.
ii. On any approved large lot, no further lot divisions shall be approved until the
required improvements are installed by the applicant and approved by the city.
iii. All large lot subdivisions shall have the following improvements developed and/or
installed prior to recording:
1. Streets shall be cleared, grubbed, and rocked or graveled to provide
adequate year-round passage.
2. Appropriate drainage, including erosion control, facilities shall be
provided consistent with a plan approved by the city engineer prior to clearing
and construction of any plat improvements. (Ord. 2011-02 § 2 (Exh. A), 2011.)
The project is not proposed to be phased nor is this a large lot subdivision. Improvements
will be made as required per the plat utility permit.
F. Section 2.16.126 Decision Criteria for Preliminary Long Subdivision
In accordance with the provisions of BIMC 2.16.125, the hearing examiner’s decision shall
include findings of fact that the application meets all the requirements of the following
subsections:
a. The preliminary long subdivision may be approved or approved with modification if:
Bainbridge Landing Page 37 of 39
i. The applicable subdivision development standards of BIMC Titles 17 and 18 are
satisfied. As conditioned, the preliminary plat complies with all applicable
provisions of the flexible lot standards as modified pursuant to BIMC
2.16.020.Q.6.
ii. The preliminary long subdivision makes appropriate provisions for the public
health, safety and general and public use and interest, including those items listed
in RCW 58.17.110. As conditioned, the project provides for the public health,
safety, welfare, use and interest. The completed development will provide 25
single family lots and one multifamily lot to accommodate 122 rental units in the
form of an apartment building and flats and 18 townhomes. The existing and
proposed infrastructure is adequate for the transportation, fire protection, water
and sewage disposal needs, and storm drainage needs of the project as discussed
under the land use code analysis in this report. The Kitsap County Health District,
Bainbridge Island Fire District, and City Engineer provided conditions of approval
that are incorporated into this preliminary approval.
iii. The preliminary long subdivision has been prepared consistent with the
requirements of the flexible lot design process, unless a flexible lot standard has
been modified as part of a housing design demonstration project pursuant to BIMC
2.16.020.Q. As conditioned, the preliminary plat complies with all applicable
provisions of the flexible lot provisions. Even though modification is allowed, the
applicant is not proposing to modify the minimum lot dimensions and size,
setbacks, open space, residential parking, roadside buffers and building height.
iv. Any portion of a long subdivision that contains a critical area, as defined in Chapter
16.20 BIMC, conforms to all requirements of that chapter. The site does not
contain critical areas.
v. Any portion of a long subdivision within shoreline jurisdiction, as defined in Chapter
16.12 BIMC, conforms to all requirements of that chapter. This site is not within
the shoreline jurisdiction.
vi. As conditioned, the proposed preliminary subdivision application meets the
decision criteria for City Engineer approval. The subdivision conforms to Surface
and Stormwater Management requirements (BIMC 15.20). Adequate provisions
have been made for the required conditions for approval in Chapter 58.17.110 RCW
including streets and public ways. The subdivision conforms to subdivision
requirements (BIMC Title 17) and the standards contained in the “City of Bainbridge
Island Design and Construction Standards and Specifications” manual. As
proposed, the City Engineer has reviewed and approved the project subject to
conditions to ensure compliance with BIMC 15.20. The subdivision is found to
meet the requirements of Chapter 58.17.110 of the RCW and, Title 17.
vii. The subdivision conforms to the requirements of this chapter and the standards in
the “City of Bainbridge Island Design and Construction Standards and
Specifications,” unless the city engineer has approved a variation to the road
standards in that document based on his or her determination that the variation
meets the purposes of BIMC Title 17. The City Engineer is recommending approval
of a minor deviation request to replace the drop curb requirement on the north
road with a flush curb and bollards. The City Engineer is also approving a 16’ drive
lane width on the southern road. The City Engineer has determined that the
variation meets the purposes of BIMC Title 17.
Bainbridge Landing Page 38 of 39
viii. The proposal complies with all applicable provisions of this code, unless the
provisions have been modified as part of a housing design demonstration project
pursuant to BIMC 2.16.020.Q; Chapters 36.70A and 58.17 RCW; and all other
applicable provisions of state and federal laws and regulations. The proposal
complies with all applicable provisions of the code, as modified by the HDDP; and
all other applicable provisions of state and federal regulations.
ix. The proposal is in accord with the City’s Comprehensive Plan. As conditioned, this
proposal is in compliance with the goals and policies of the Comprehensive Plan
as discussed in this report. The project provides sustainable residential
development within Winslow and is conditioned to comply with applicable design
guidelines.
b. A proposed subdivision shall not be approved unless written findings are made that the
public use and interest will be served by the platting of such subdivision. The proposed
subdivision will create lots to accommodate a variety of lot sizes and a mixture of unit
types and sizes, while providing public amenities of public pedestrian pathways, bicycle
and sidewalk lanes, and open space to accommodate a public park and courtyard.
CONCLUSIONS
As conditioned, the proposed development is consistent with the Comprehensive Plan and the
applicable standards of BIMC Chapter 18.09, Zoning; BIMC Chapter 2.16.020, Housing Design
Demonstration Projects; BIMC Chapter 2.16.040, Site Plan Review; and BIMC 17.12.040, Preliminary
Long Subdivision.
Approval as HDDP as provided in BIMC 2.16.020, shall expire if approvals of the underlying land use
permits related to the subdivision expire.
A preliminary subdivision application is valid for a period of seven years from the written notice of
final decision, or the decision of an appeal, whichever is later. A complete application for final
subdivision shall be filed prior to the expiration date to ensure relief from the HDDP standards.
See Exhibit Listuments:
(note all reference material may be accessed via the City’s Website Online Permit Portal-Smartgov)
Bainbridge Landing Site Plan Review
(The following reference materials can be found under the “submittals” and “notes” sections
under this file number: PLN50520SPR)
A. Project Application 7/14/2016
B. MISCELLANEOUS (LEED Design Package, HDDP Approval Criteria Scoring, Request for ROW
deviations, Zoning Summary) 7/14/2016 & 7/15/2016
C. 50520 Harbor Square Critical Root Zones 8/12/2016
D. Public Comment 8/27/2016, 9/8/2016
E. Revised Notice of Application 12/30/2016
F. Design Guideline Checklist 7/14/2016
G. Design Review Board Official Minutes 11/21/2016
H. Exterior Materials Design Package, 50520 SPR Exterior Material Design Package 11/15/2016
I. Public Comments 1/10/2017, 1/14/2017, 1/17/2017, 2/7/2017
Bainbridge Landing Page 39 of 39
J. Historical Narrative 8/17/2016
K. REVISION 1, 12/21/2016
L. Site Plan (Drawing Sets, 50520 SPR ARCH FINAL SET 7/14/2016
M. Landscape plans (50520 Landscape Drawings, 50520 Supplemental Landscape Info) 7/15/2016.
N. Tree Retention Plan, 50520 Tree Retention Analysis Date 7/15/2016
O. Critical Root Zone and tree Plan email and attachments 1/25/2017
Bainbridge Landing Subdivision
(The following reference materials can be found under the “submittals” and “notes” sections
under this file number: PLN50520SUB)
P. Project Application 7/14/2016
Q. Traffic Study/Analysis Review, Final TIA from consultant 11/22/2016
R. Public Comment attached 1/10/2017
S. Comment from Tawresey 1/17/2017
T. SEPA Decision 02/02/2017