ORD NO. 2018-20 RELATING TO LAND USE REVIEW PROCEDURES REVISING CHAPTER 2.14 AND 2.16 OF THE BIMCORDINANCE NO. 2018-20
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to land use review procedures
revising Chapter 2.14 and 2.16 of the Bainbridge Island
Municipal Code.
WHEREAS, the City Council of the City of Bainbridge Island ("City") updated
the City's Comprehensive Plan in February of 2017; and
WHEREAS, the City Council has expressed significant concerns about development
and growth in the City under current regulations in the context of the vision and goals of the
City's Comprehensive Plan, and wishes to revise development regulations to best
accommodate growth and development in both general and specific ways; and
WHEREAS, Ordinance No. 2018-02 imposed a temporary six-month moratorium on the
acceptance of certain development, stating the City Council's concerns regarding likely adverse
impacts related to growth and development under existing regulations including compliance with
design review standards, including as relates to, for example, Policy LU 6.8 of the City's
Comprehensive Plan, regarding the role of the Design Review Board, Hearing Examiner,
Planning Commission, and City Council in the land use development review and decision-
making process; and
WHEREAS, based on these and related concerns, the City Council required additional
time to review the regulations and policies at issue to ensure that the vision and goals of the
City's Comprehensive Plan are being met to the Council's satisfaction; and
WHEREAS, a number of priorities to address the items at issue in the moratorium
were identified at a joint meeting of the City's Design Review Board and Planning
Commission on February 22, 2018, including the following:
(1) Revise review procedures for preliminary subdivisions to include the Design Review
Board and Planning Commission in process; and
(2) Analyze alternatives to decision-making authority for the Design Review Board,
Planning Commission, and Hearing Examiner for subdivisions, conditional use permits,
and site plan and design review.
WHEREAS, at an April 3, 2018 City Council study session, the City's Department of
Planning and Community Development provided a briefing on the Design Review Board and
Planning Commission joint meeting wherein the City Council authorized staff to proceed with a
work plan addressing the priorities identified at the joint meeting; and
Page 1 of 8
WHEREAS, on May 7 and 21 and on June 4, 2018, the City's Design Review Board
discussed alternatives for land use review procedures; and
WHEREAS, on May 10 and 24, June 7, 14, and 21, July 12, and November 8 and 27,
2018, the City's Planning Commission discussed alternatives for revisions to the City's land use
review procedures; and
WHEREAS, each of the eleven Design Review Board and Planning Commission
meetings included an opportunity for public comment on the alternatives for revisions to the
City's land use review procedures; and
WHEREAS, the City provided legal background on the roles of land use bodies,
presented in a memorandum from outside legal counsel for the City, James E. Haney, entitled,
"Roles of City Council, Planning Commission, Design Review Board, and Hearing Examiner in
Land Use Permits, " dated June 1, 2018; and
WHEREAS, staff forwarded the Planning Commission's recommendations related to
land use approval bodies, land use review procedures, and land use decision-making authority to
the City Council at its July 24, 2018 regular meeting; and
WHEREAS, on August 27, 2018, the City Council, Planning Commission, and Design
Review Board conducted a joint meeting workshop related to land use review roles,
responsibilities, and decision-making authority; and
WHEREAS, the City Council reviewed and considered the alternatives for revisions to
the City's land use review procedures and decision-making authority at regularly scheduled
meetings on September 4 and 11= October 9, and December 4,_2018; and
WHEREAS, the City issued a State Environmental Policy Act ("SEPA") Determination
of Non -Significance for this Ordinance No. 2018-20 on June 8, 2018, which was revised and
reissued on September 24, 2018; and
WHEREAS, the City notified the Department of Commerce on June 11, 2018, and again
on September 24, 2018, of its intent to revise its development regulations relating to land use
review procedures; and
WHEREAS, the City Council conducted a public hearing on Ordinance No. 2018-20 on
October 23 and December 11, 2018; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over
the City's incorporated lands.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Page 2 of 8
Section 1. Section 2.14.020.13 of the Bainbridge Island Municipal Code is hereby
amended as follows.
B. Duties and Responsibilities. Pursuant to the provisions of Chapter 35A.63 RCW, there is
established within the city a planning commission. The title "planningcommission" is
substituted for the title "planning agency" in all city ordinances and other documents
=roved prior to the effective date of the ordinance codified in this chapter. The planning
commission that shall have the following duties and responsibilities:
1. Participate in the preparation and review of the comprehensive plan for the city; and
2. Consider the location, character, extent, and effect of any proposed dedication of a
street or other area for public use includiLag parks,public was public buildings, or public
structures, with reference to the comprehensive plan, pursuant to RCW 35A.63.080;
23. Review and make recommendations on all applications for amendments to the
comprehensive plan, official zoning map and official zoning ordinance of the city
pursuant to Table 2.16.010-1; and
-34. Review and make recommendations on all housing design demonstration project
applications pursuant to BIMC 2.16.020.S, including those housing design
demonstration project applications involving land subdivision, based on a
comprehensive review of the project at a public meeting; ead
5. Review and make recommendations on preliminary short subdivisions if requested by
the director
6. Review and make recommendations on all preliminary large lot subdivisions,
preliminary long subdivisions, major site plan and design reviews, major conditional use
permits, and major shoreline conditional use permits, taking into consideration the
recommendation from the Design Review Board and a comprehensive review of the
project at a public meeting
467. Such other advisory duties as may be assigned to it by the city council, or as specified
in the BIMC; and
5. The 64le KK
77 is sub-stih-uW-ed
CC
fk the title planning
#9 in
eedified in this
i
68. Create the planning commission agenda prier to its publication per- in consultation with
the director' ` ; and
Page 3 of 8
Section 2. Section 2.14.020.G of the Bainbridge Island Municipal Code is hereby
amended as follows.
G. Public Meetings and Hearings. The planning commission will consider the land use
applications at a public meeting and shall recommend approval, approval with conditions, or
denial of an application. For legislative decisions, the planning commission will hold a public
hearing and shall recommend approval, approval with conditions, or denial of an application.
In making a recommendation, the planning commission shall consider the applicable decision
criteria of this code, the comprehensive plan, all other applicable law, any necessary
documents and approvals, and any testimony presented verbally or in writing at the public
meeting. If the applicable criteria are not met, the planning commission shall recommend the
proposal be subject to conditions or denied. A 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 decision is based shall be immediately
transmitted to the director, the cily council and/or the hearing examiner, as applicable.
Section 3. Section 2.14.020.H of the Bainbridge Island Municipal Code is hereby
amended as follows.
H. Public Records. Minutes of each meeting, including a record of attendance, shall be
prepared by the secretary and approved and signed at a subsequent meeting. The minutes do
not need to reflect the actual discussion, but only the formal actions taken by the planning
commission and shall include findings of fact and conclusions where 012licable to support the
planning commission's recommendation. The meeting minutes shall be posted on the city's
web site.
Section 4. Section 2.14.040.1) of the Bainbridge Island Municipal Code is hereby
amended as follows.
D. Duties and Responsibilities. The board shall have the following duties and responsibilities:
1. Review and make recommendations on all preliminary large lot subdivisions,
preliminary long_ subdivisions, major site plan and design reviews, major conditional use
hermits, and major shoreline conditional use permits. con,® in an dvis r- .,.,,.,aeiy. to the
iand plaFmIng cenumssien, as T
regarding site plan an
2.16.050,
an
2.16.4 10 0 h tare ubje t to rzity_adepie.a designguidelines. Applications related to single-
family
family residences such as family day care homes, minor/major home occupations, and
single-family residential height variations are exempt from design review board
consideration. In addition, applications related to utility facilities and to non-ci outdoor
recreation facilities are exempt from design review board consideration.
2. Review and make recommendations on preliminary shortsubdivisions if requested by
the director,
Page 4 of 8
23. Review and make recommendations to the planning commission and the city
council on changes, amendments, and/or additions to the design guidelines.
3.4. Serve in an advisory and review capacity to housing design demonstration project
applications pursuant to BIMC 2.16.020.S, including those design demonstration project
applications involving land subdivision.
5. Review and serve in an advisory capacity to the city regarding major public projects.
46. Such other duties and responsibilities as may be provided by resolution or ordinance of
the city council.
-57. Report annually to the city council prior to the start of the budget process.
Section 5. Table 2.16.010-1, Summary Table of Land Use Review Procedures, of the
Bainbridge Island Municipal Code is hereby amended as set forth in Exhibit A, which is attached
hereto and made a part hereof by this reference.
Section 6. Section 2.16.020, General Provisions, of the Bainbridge Island Municipal
Code is hereby amended as follows.
F. Design Review Board Review.
1. The design review board shall review and make recommendations on all land use
applications as set forth in this section. This design process reflects a collaborative
effort between an applicant, the design review board, and the community to better
incorporate the vision of the city as outlined in the adopted ee"r-ehensive plan and
r���s: (Sen design guidelines.
MR W_ 9 0 M-
s e
23. Subsequent to submittal of preapplication materials, the board shall review a
proposal for conformance with applicable design guidelines. The board's written
recommendations shall be included in the staff report transmitted to the Planning
Commission
Page 5 of 8
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35. A board recommendation is not a decision and there is no city appeal of the
recommendation.
Section 7. Section 2.16.040, Site Plans and Design Review, of the Bainbridge Island
Municipal Code is hereby amended as set forth in Exhibit B, which is attached hereto and made a
part hereof by this reference.
Section 8. Section 2.16.070, Short Subdivisions, of the Bainbridge Island Municipal
Code is hereby amended as set forth in Exhibit C, which is attached hereto and made a part
hereof by this reference.
Section 9. Section 2.16.080 Lar a Lot Subdivisions of the Bainbridge Island
Municipal Code is hereby amended as set forth in Exhibit D which is attached hereto and made
a part hereof by this reference.
Section 10. Section 2.16.110. Wor Conditional Use Permit, of the Bainbridge Island
Municipal Code is hereby amended as set forth in Exhibit E which is attached hereto and made a
part hereof by this reference.
Section 11. Section 2.16.125, Preliminary Long Subdivisions, of the Bainbridge Ig sland
Municipal Code is hereby amended as set forth in Exhibit F, which is attached hereto and made a
part hereof by this reference.
Section 12. Section 2.16.180 of the Bainbridge Island Municipal Code is hereby
amended as follows.
2.16.180 Legislative review of land use regulations and area -wide rezones.
A. Purpose. The purpose of this section is to describe the procedures used when the city council
makes legislative (not quasi-judicial, site-specific) decisions related to certain sections of the
BIMC.
Page 6 of 8
B. Applicability. This section applies to adoption of or amendments to the BIMC related to land
use procedures and reMations, including area -wide rezones initiated by the city and area -wide
rezones accompanying privately initiated amendments to the comprehensive plan.
C. Who Can Apply. Any person, entity, or the city may propose an amendment to the BIMC.
The city may propose a rezoning on an area -wide basis, and private entities may request the city
to consider an area -wide rezoning. If the proposed area -wide rezone is not consistent with the
adopted comprehensive plan the applicant shall also submit an application for a comprehensive
plan amendment with the rezone application. However, any owner or authorized agent, or group
of owners of contiguous property acting jointly, must represent at least 75 percent of the assessed
valuation of the subject properties.
D. Planning Commission Review and Recommendation.
1. Planning commission review and recommendation is only required for amendments to
BIM Cha ter 2.16 BIMC and Titles 16 17 and 18 BIMC, area -wide rezones initiated by
the city, or area -wide rezones associated with a privately initiated amendment to the
comprehensive plan.
2. The planning commission shall hold a public hearing for all amendments to the official
zoning map and zoning municipal code of the city prior to issuing a recommendation to the
city council.
3. Any person may participate in the public hearing. The planning commission has
discretion to limit testimony to relevant, nonrepetitive comments and to set time limits.
4. Any person may submit written comments, photographs, or other exhibits on the
proposed amendment to the planning commission prior to or at the public hearing.
5. The planning commission shall maintain a record of the exhibits presented and a tape
recording of the testimony and arguments presented, which shall be kept by the city clerk.
E. Planning Commission Action and Written Recommendation.
1. In making a recommendation, the planning commission shall consider applicable
decision criteria of this eede chapter, all applicable law, the comprehensive plan, public
comment, and any necessary documents and approvals.
2. The planning commission shall issue a written recommendation that contains (a) a
statement recommending that the proposed amendment be approved, approved with
cend-ifien as amended, or denied, and (b) a statement of facts upon which the
recommendation is based and the conclusions derived from those facts.
3. The planning commission's written recommendation and other documents upon which
its decision is based shall be immediately transmitted to the city council and department
director.
Page 7of8
F. City Council Review.
1. The city council shall have the option to hold a public hearing on the proposed
amendment -+ the seeond reading of the proposed regulation. Any person may participate
in the public hearing, if held. The city council has discretion to limit testimony to relevant,
nonrepetitive comments and to set time limits.
23. Any person may submit written comments, photographs, or other exhibits on the
proposed amendment to the city council prior to or at the public hearing.
34. The city council shall maintain a record of the exhibits presented and a tape recording
of the testimony and arguments presented, which shall be kept by the city clerk.
Section 13. If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 14. This ordinance shall take effect and be in force five (5) days after its
passage, approval, and publication as required by law.
PASSED by the City Council this 11th day of December, 2018.
APPROVED by the Mayor this 11th day of December, 2018.
ATTES !AUTHENTICATE:
Christine Brown, ' r
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
:�
Kol Medina, Mayor
October 5, 2018
December 11, 2018
December 14, 2018
December 19, 2018
2018-20
Page 8 of 8
Page 1/2
Exhibit A
Table 2.16.010-1: Summary Table of Land Use Procedures
R = Review and Recommendation, (R) = Optional Review, D = Decision, A = Appeal, P = Public Hearing, (P) = Optional Public
Hearing
DRB
Planning Comm.
Director
Hearing
City Council
Courts
Examiner
Administrative Approvals
Clearing Permit
D
A
Conversion Option
D
A
Harvest Plan
Permit
Minor Conditional
(R)
(R)
D
A
Use
Minor Variance i
(R)
D
A
Agricultural
D
A
Conditional Use
Large Lot
R
R
D
A
Subdivisions
(Prelim)
(Final)
D
A
Minor Shoreline
(R)
D
A
A [2]
Variance [1]
Minor Shoreline
(R)
D
A
A [2]
Conditional Use
Lll
Public Works
_
D
A
Administrative
Decisions
SEPA
D
A
Determinations
Shoreline
D
A
Substantial
Development
Exemption [1]
Shoreline
(R)
D
A
A [2]
Substantial
Development [1]
Short Subdivisions
(R)R
(R
D
A
(Prelim)
(Final)
D
A
A
Sign Permits
D
A
Minor Site Plan
(R)
(R)
D
A
and Design Review
Major Site Plan
R
R
D
A
and Design Review
(Any SPR in the
B/I district must be
processed through
a major SPR)
Page 2/2
R = Review and Recommendation, (R) = Optional Review, D = Decision, A = Appeal, P = Public Hearing, (P) = Optional Public
Hearing
DRB
Planning Comm.
Director
Hearing
City Council
Courts
Examiner
Critical Area
D
A
Permit — Major and
Minor
All other administrative decisions: This includes agricultural retail plans, boundary line adjustments (See BIMC 2.16.090), building and other
construction permits, building administrative decisions, clearing permits, BIMC interpretations, vegetation management permit, extension of
construction noise hours (See BIMC 16.16.025), and any other administrative land use decision authorized by this code to be made by the
director.
D
A
Quasi -Judicial Decisions by the Hearing Examiner
Conditional Use
(R) -R
(R) -R
R
D/P
A
Permits
Variances
(R)
R
D/P
A
Reasonable Use
(R)
R
D/P
A
Exception
(See BIMC
16.20.080)
Major Shoreline
(R)
R
D/P
A [2]
Variances [1]
Major Shoreline
R
R
R
D/P
A [2]
Conditional Use
Permits [1]
Long Subdivisions
R
R
R
D
A
(Prelim)
Quasi -Judicial Decisions by City Council
Long Subdivisions
R
D
A
(Final)
Site -Specific
(R)
R
R/P
D
A
Rezones
Consolidated Project Review
See BIMC 2.16.170
Legislative Approvals
Adoption or
R/P
R
D (P)
A
Amendment of
Development
Regulations
Comprehensive
R/P
R
D (P)
A
Plan Amendments
Legislative Area-
R/P
R
D (P)
A
Wide Rezones
Special Area Plans
R/P
R
D (P)
A
[1] City decisions on shoreline variances, shoreline substantial development permits, and shoreline conditional use permits must be reviewed
by the Washington Department of Ecology pursuant to WAC 173-27-130 and RCW 90.58.140(10). The Department of Ecology may approve,
approve with conditions, or deny the application.
[2] The hearing examiner's decision is forwarded to the Department of Ecology (DOE) for decision. The DOE decision is then appealable to
the Shoreline Hearings Board. (See BIMC 2.16.165.I.)
EXHIBIT B: Bainbridge Island Municipal Code
Site plans and design review
2.16.040 Site plans and design review.
Page 1/7
C. tee. Major and Minor. This section provides two methods of site plan and design review: major and
minor. Application materials for both major and minor site plan and design review can be found in the
administrative manual.
1. Minor. Minor site plan and design review is required for minor projects that can clearly meet the decision
criteria in subsection FE of this section, as determined by the director. Examples of minor administrative
projects include: (a) a fourplex multifamily development; (b) minor commercial remodel or the addition of a
small room; and (c) a minor change in use, such as from a church to a preschool.
2. Major. Major site plan and design review requires design review board and planning commission review and
recommendation, and is required for projects that: (a) are determined by the director to be more complicated
than those in subsection C.1 of this section, due to site constraints or the complexity of the project; or (b)
receive written public comment(s) during the public comment period concerning the effect on the land use
application of the comprehensive plan, shoreline master program, or matters not addressed by specific
provisions of this code; or (c) are located on property zoned business/industrial after November 22, 1999.
a -An applicant is required to con --eat ideRtifyRg
vVith tile t t- n d d f G aptar- 15.20 ra 1 N4C and- RI]�AI�_4 11 WA if
. i.. ......... ..
b. An applicant f0f: site plan and - . - wasal 4+&q*if:ed to pFepare maps -,-Site plaw"s) and
ets the smandards of the b dist+iet and eliapter--
a.
App ..1..;.•,a_m„ k;-1 1,.,l�opp fflent subje a to design
bAn applicant for- a majef site plan and-4b.it "'"'J
{{}e — . � � p b 1'F7 Errrcc�vll-tinrrn -Sin �2. lie meeting
;' +;, iark�ra
__ — 4w -design review
r of the
pf0je'et-
e. '' t'ce,-t.' e-,depastTnent-sto€f-shall-net�3"the -applicant in
whether !
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT B: Bainbridge Island Municipal Code
Site plans and design review
Minor Site Plan and
Design Review Process
.......................
reapplicatlon .....
1 Conference rrvith DRB
Preapplication
iference with Staff
Appli
DRB ev' and
Recon ior3
,......•.........
Project Review SEPA Review
by Staff by Staff
SfaffAe+comm$nd ation
.,,,{.....•......
' SE PA
..........................
Appeal to
Hearing Examiner C
• • ...,..................
#notice and '14 day , .
public comment p@riod
'"" =indicates step is
.....' -W applicable"
Page 2/7
D Review Procedures - Proposal Stage Review of site plan and design review proposals shall include all of the
following_
1. Conceptual Proposal Review Meeting. The concepwal_ wonosal review meeting is a means of screenin
proposals in their earliest stages of design before roponents are committed to a particular design.The
conceptual proposal meeting is an opportune to ensure that theproponent understands the objectives of the
review process, design -guidelines, and comprehensive plan goals and policies. This early touch allows review
bodies to dialogue in an informal manner with the applicant, review the design guidelines and comprehensive
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT B: Bainbridge Island Municipal Code
Site plans and design review
Page 3/7
plan goals and policies applicable to the site and exRlore design concepts and/or options. It is also a means for
staff to acquaint the prospective applicant with the Rrocedural ste s for subdivision review. The conceptual
proposal review meeting will be held at a meeting of the Design Review Board. Submittal requirements are
described in the Administrative Manual and include a statement of intent site analysis, and context map. An
applicant ma request a waiver from the conceptional proposal review meeting if the applicant demonstrates
knowledge and understanding of the city's permit processing procedures.
2 Design Guidance Review Meeting. The design guidance review meeting is intended to provide input and
guidance to an applicant on consistency with applicable design guidelines and comprehensive plan goals and
policies, including recommendations for how the proiect could be revised to achieve greater consistency. The
a2plicant should also make known the potential need and rationale for any departure from the desi n.
idetines or the Ci of Bainbridge island Design and Construction Standards and Specifications. The design
guidance review meeting will be held at a meeting of the Design Review Board. Requirements are described
in the Administrative Manual and include a schematic desigp and completed designi guidelines checklist.
3 Preapplication Conference. The applicant shall participate in a preapplication conference in accordance with
the provisions and requirements in section 2.16.020.1 of this code. As part of the preapplication phase -
applicants are required to participate in a community meetingthrough hrough the city's public participation program
outlined in Resolution No 2010-32, except that the community meeting shall be held at a Planning
Commission meetin . The preapplication conference application shall be provided to the Desigg Review
Board.
E. Review Procedures -Application Starve. Review of site plan and desi review eview applications shall include all of
the following:
1 Application An applicant may submit an application for site plan and design review at any time after
completion of a required the required steps in subsection D of this section or approval of a waiver in
accordance with BIMC 2.16.020.1.3 or I.4 or subsection D.1 of this section. The applicant shall submit a
complete application with all required submittal requirements listed in the administrative manual.
2. Review by Kitsap Public Health. District
a. Upon receipt of the application and determination of corn leteness the director shall transmit a copy of
the Lipplication to the health district.
b The health district shall provide written recommendation of approval approval with conditions or
disapproval of the preliminary long subdivision application the decision criteria in subsection F of this
section.
3. Review by City Engineer
a Upon receipt of the application and determination of completeness, the director shall transmit a copy of
the application to the city engineer..
b. The city engineer shall provide written recommendation of approval, approval with conditions, or
disc royal of the preliminary long subdivision application the decision criteria in subsection F of this
section.
4. Review and Recommendation t Design Review Board
a The purpose of the Design Review Board review and recommendation meeting is to review a proposed
project for compliance with applicable design, guidelines and to ensure that the project reflects any
revisions recommended by the Desmon Review Board at the design guidance review meeting. The Design
Review Board will also consider any requested departures from the design guidelines.
b. The Design Review Board will forward written findings, their determination of the project's consistency_
with the design guidelines the design guideline checklist. and their recommendation, including any
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT B: Bainbridge Island Municipal Code
Site plans and design review
Page 4/7
conditions, to the staff planner. Any condition attached to a recommendation must be intended to achieve
consistent with one or more sl2ecific design guidelines. The Design Review Board's written findin s will
be included in the staff report transmitted to the Director or Planning Commission.
c. A Design Review Board recommendation is not a final decision and therefore there is no appeal of the
recommendation.
5. Review and Recommendation by Planning Commission
a. In the case of a major site plan and desigg review application, the Planning Commission shall review
the application prior to the review and final decision by the Director.
b. The purpose of the Planning Commission review and recommendation meeting is to review a proposed
project for consistency with applicable design guidelines, BIMC Title 17, and the comprehensive plan.
c. The Planning Commission shall consider the application at a public meeting where public comments
will be taken. The Planning Commission shall recommend_ approval, approval with conditions or denial of
an application. In making a recommendation, the Planning Commission shall consider the applicable
decision criteria, all other applicable law, and the recommendation of the Design Review Board. If the
applicable criteria are not met. the Planning Commission shall recommend the proposal be modified or
denied.
d The Design Review Board's recommendation shall hold substantial weight in the consideration of the
application by the Planning Commission. Any deviation from the recommendation shall be documented in
their written findin s of facts and conclusions.
e. The Planning Commission will forward its written findings of facts and conclusions their determination
of the project's consistency with the comprehensive plan, and their recommendation, including any-
conditions
nyconditions attached by the Planning Commission and Design Review Board, to the staff planner. The
Planning Commission's written findings will be included in the staff report transmitted to the Director.
f. A Planning Commission recommendation is not a final decision and therefore there is no appeal of the
recommendation.
6. Review and Approval by Director
a The Director shall review the application materials, information provided by the health district and city
engineer, staff report, any public comments received the recommendations of the Design Review Board
and in the case of major site plan and design review a lications the recommendations of the Planning
Commission, and shall_make a final decision based on:
i. In the case of a minor site Rian and design review,2pplication, the final decision on an gpglication
is made by the director based on i decision criteria in subsection F of this section(ii) the DRB
recommendation, and (iii) consideration of any ,public comments received.
ii in the case of a major site plan and design review application, the director will make the final
decision based on i the decision criteria in subsection F of this section(ii) the recommendation
of the planning commission (iii) the recommendation o'fthe design review board, (iv) and
consideration of any public comments received. The Design Review Board and Plannin¢
Commission's recommendation shall hold substantial weight in the consideration of the
application by the Director. Any deviation from that recommendation shall be documented in the
Director's report.
d. The Director shall make compliance with the recommendations of the Design Review Board and/or
Planning Commission a condition of approval, unless the Director concludes that the recommendations:
L Reflect inconsistent application of desmon guidelines or any applicable provisions of this code;
ii. Exceed the authority of the Design Review Board or Planning Commission;
iii. Conflict with SEPA conditions or other regulatory requirements applicable to the project; or
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT B: Bainbridge Island Municipal Code Page 5/7
Site plans and design review
iv. Conflict with reguirements of local. state, or federal law
2 A pplieatio . i i applicant J'"-subt ..,;+ --licatiorforite�d S`%'W-FeV+@AArat a y time after
"letion-
�,zL�F. t' f
PP`"``` err
2.16.020.1.3 oF4, submit a complete applisation with all r-equiveedd submittal requirements
ed in the admffiR:str-at'ix�-re niar"nuaall.
a. Upon Feceipt of the appl icatie and deter-mination f n.. pkgt.Tie$,, thed iFeGtn,-
r
o., to the Sl;tsap Co .,t-t,_hea4h 4,
F site plan and design F.vie a���,1v`..et:.-... +he f., -,I de �a :... s
c-caPa�'crr�cr'""'
, .. d' ,,..t.,� 1,... ed ..r. (i) de.-;�' h time.., a f tLh is seeti on l;;1 tke. 1R.A_
e is on =-F3' ee a in su e-rorrl�-" r
fe€Yairrr�i daft. er t;n. ofany-ptiblie comments-Fecei*e4-.
,n rhd—,t.
w�5
i. 11, *L—application p or- to ilie fiRal decision 3-..���i,a_d + 'r`5,.� .1 t.,.- nh91-
d t...-,.,:.,., the IRS ARd 3 ,'F t Ft1_ r thatr the r,.la.�. should ter-= '� r� a ��`„
et n the planning eoffirnission 4&4+eview
-i
d:.. ..6 the DRB dat:. „d the de ", cr-r�v.""'"rci: _
't deF the appli t t e public .� ee . l!e .... a pUblto .enis will he take„ and F ,-wafd—,--ras
,d -Hon t the d;re..t,,r in a rvoFdance with _IMC2.16.030.0 throuo 9The diFeetor %h,.I1
h C e l d„ n based ., !:1 the d -
cccorvrcriteria-!. r' f thi rtie �::} +h.e r ndation
rtrn�s� svvs@c c'sv�ir, yr �
of the I -eaffiffliss„ 6:'review 4..�, ndation,and (iN,)
pt"e £f31 1mcntsFe6eiyel
7-5. Relationship to Other Land Development Applications — Consolidated Project Review.
a. If requested by the applicant, a site plan and design review application that is part of a proposal
requiring multiple land use permits may be combined in a consolidated project review. Related
applications requiring a public hearing shall be considered at one public hearing in accordance with BIMC
2.16.170.
b. If a site plan and design review application is part of a consolidated project, the director will review the
site plan and design review application as prescribed under subsection DA.a or D.4.b of this section, as
appropriate, and forward the findings and decision to the appropriate hearing body for any required public
hearing.
FK Decision Criteria. The director and planning commission shall base their respective recommendations or
decisions on site plan and design review applications on the following criteria:
1. The site plan and design is in conformance with applicable code provisions and development standards of the
applicable zoning district, unless a standard has been modified as a housing design demonstration project
pursuant to BIMC 2.16.020.5;
2. The locations of the buildings and structures, open spaces, landscaping, pedestrian, bicycle and vehicular
circulation systems are adequate, safe, efficient and in conformance with the Island -Wide Transportation Plan;
3. The Kitsap County health district has determined that the site plan and design meets the following decision
criteria:
a. The proposal conforms to current standards regarding domestic water supply and sewage disposal; or if
the proposal is not to be served by public sewers, then the lot has sufficient area and soil, topographic and
drainage characteristics to permit an on-site sewage disposal system.
b. If the health district recommends approval of the application with respect to those items in subsection
E.3.a of this section, the health district shall so advise the director.
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT B: Bainbridge Island Municipal Code
Site plans and design review
Page 6/7
c. If the health district recommends disapproval of the application, it shall provide a written explanation to
the director.
4. The city engineer has determined that the site plan and design meets the following decision criteria:
a. The site plan and design conforms to regulations concerning drainage in Chapters 15.20 and 15.21
BIMC; and
b. The site plan and design 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; and
c. The streets and pedestrian ways as proposed align with and are otherwise coordinated with streets
serving adjacent properties; and
d. The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic; and
e. If the site will rely on public water or sewer services, there is capacity in the water or sewer system (as
applicable) to serve the site, and the applicable service(s) can be made available at the site; and
f. The site plan and design conforms to the "City of Bainbridge Island Design and Construction
Standards," 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 18.
5. The site plan and design is consistent with all applicable design guidelines in BIMC Title 18, unless strict
adherence to a guideline has been modified as a housing design demonstration project pursuant to BIMC
2.16.020.S;
6. No harmful or unhealthful conditions are likely to result from the proposed site plan;
7. The site plan and design is in conformance with the comprehensive plan and other applicable adopted
community plans;
8. Any property subject to site plan and design review that contains a critical area or buffer, as defined in
Chapter 16.20 BIMC, conforms to all requirements of that chapter;
9. Any property subject to site plan and design review that is within shoreline jurisdiction, as defined in
Chapter 16.12 BIMC, conforms to all requirements of that chapter;
10. If the applicant is providing privately owned open space and is requesting credit against dedications for
park and recreation facilities required by BIMC 17.20.020.C, the requirements of BIMC 17.20.020.D have been
met;
11. The site plan and design has been prepared consistent with the purpose of the site design review process
and open space goals.
GF. Action of Director. The director may approve, approve with conditions, or disapprove the application for site
plan and design review. Conditions may be imposed to enable the proposal to meet the standards of the decision
criteria.
H6. Adjustments to Approved Site Plan.
1. Minor adjustments to an approved site plan and design review may be made after review and approval by the
director. Minor adjustments are those that include minor changes in dimensions or siting of structures or the
location of public amenities, but do not include changes to the intensity or character of the use. Minor
adjustments are processed through a written request from the applicant and a written response from department
staff. The city response is placed in the project file and is effective to modify the approval as described in the
response.
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT B: Bainbridge Island Municipal Code
Site plans and design review
Page 7/7
2. Adjustments other than minor adjustments to an approved site plan and design review require a new or
amended application as determined by the director. Major adjustments are those that change the basic design,
intensity, density, or character of the use. (Ord. 2017-14 § 1, 2017; Ord. 2017-02 § 2, 2017; Ord. 2016-28 §§ 4,
5, 2016; Ord. 2011-02 § 2 (Exh. A), 2011)
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT C: Bainbridge Island Municipal Code
Short subdivisions
2.16.070 Short subdivisions.
Page 1/7
A. Purpose. This section provides an administrative procedure for approving subdivision plats gener-ally including
four lots or less.
B. Applicability. This procedure applies to all short subdivisions, , and that
definition shall .,,.^.rail ^••eF the following summary. Short subdivisions generally involve the division or redivision
of land (4-) into four lots or less when those plats meet the criteria set forth in BIMC Title 17, OF (2) i^•n nift 10tS Or
less when these plats fneet the er-iteria set feEth in BIMO Title 17 and the applicant eemplies with the open space
ineentive 17.12.030.A.5.
C. General Procedures.
1. Short subdivisions shall be approved through the general administrative review procedures described in
BIMC 2.16.030 except as described below. Application materials for short subdivisions can be found in the
administrative manual.
2. Short subdivisions shall not be used, either by a person alone or by persons acting together, at one time or
over a period of time, as a means to circumvent compliance with the more stringent subdivision requirements
that control the subdivision of land into five or more lots. When an application for a short subdivision is filed
within five years after the approval of a short subdivision on a contiguous land parcel, a presumption of an
attempt to circumvent short subdivision requirements may be invoked by the director as a basis for further
investigation to assure compliance with the intent of this provision.
3. The provisions of this section shall supplement those of BIMC 2.16.020 and 2.16.030 when the application is
for a short subdivision. In the event of a conflict between the provisions of BIMC 2.16.020 or 2.16.030 and this
section, the provisions of this section shall govern.
4 Vesting A proposed short subdivision shall be considered under the subdivision ordinance, zoning or other
land use control ordinances and the State Environmental Policy Act in effect at the time a fully completed
application for preliminary approval of the subdivision has been submitted to the city. The requirements for a
fully completed application shall be defined by the Administrative Manual.
S Timeline for Review. The city has 90 calendar days from the filing of a complete application in which to
approve disapprove or return the application to the applicant for modification. The timeline for review can be
extended beyond 90 calendar days if the city determines it has incomplete or insufficient application materials
and/or if there are significant changes to application materials If no action can be taken to approve or
disapprove the apRlication within the 90 calendar days, the director must notify the applicant of the reasons for
the delay and steps necessary to complete the application.
lrr:e+fsurt
-1 kook
D Review Procedures -- Proposal Stage Review of short subdivision proposals shall include all of the following -
except that the division or redivision of land into two lots shall not be required to comply with BIMC 2.16.070. D.1
and BIMC 2.16.070.D.2:
1 Conceptual Proposal Review Meeting The conceptual proposal review meeting is a means of screening*
short subdivision proposals in their earliest stages of design before proponents are committed to a particular
design. The conceptual proposal meeting is an opportuni1y to ensure that the proponent understands the
obiectives of the review process, design guidelines, and comprehensive plan goals and policies. This earl
touch allows review bodies to dialogue in an informal manner with the applicant, review the design guidelines
and comprehensive plan goals and policies applicable to the site, and explore design concepts and/or options. It
is also a means for staff to acquaint the prospective applicant with the procedural steps for subdivision review.
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT C: Bainbridge Island Municipal Code
Short subdivisions
Page 2/7
The conceptual proRosal review meeting will be held at a meeting of the Design Review Board. Submittal
requirements are described in the Administrative Manual and include a statement of intent, site anal, and
context map An applicant may request a waiver from the conceptual proposal review meeting if the applicant
demonstrates knowledge and understandingof the permit processing procedures.
2. Design Guidance Review Meeting The design guidance review meeting is intended to provide input and
guidance to an applicant on consistent with ith applicable design guidelines and comprehensive plan goals and
olicies including recommendations for how the project could be revised to achieve greater consistency. The
a licant should also make known the potential need and rationale for any del2arture from the desigLl
guidelines or the City of Bainbridge Island Design and Construction Standards and Specifications. The design
guidance review meeting will be held at a meeting of the Design Review Board. Submittal requirements are
described in the Administrative Manual and include documentation of the fbur-steI2 design process, schematic
design and completed subdivision design guidelines checklist. The four -step design process includes:.
a Delineate Natural Space. The applicant shall prioritize natural resources on the site in terms of their
highest to least appropriateness for inclusion in the proposed natural area On the basis of those priorities
and practical considerations given to the site's configuration, its context in relation to natural areas on
adjoining and neighboring ro erdes and theapplicant's subdivision objectives naturals ace shall be
delineated in a manner clearly indicating* boundaries as well as the types of resources. The amount of
natural space required is provided in 17.12 BIMC.
b Locate Homesites and Community Space After delineating natural space homesite areas and
community space shall be identified a "sketch" diagram is acceptable), using the site analysis and context
maps produced for the conceptual proposal review meeting as a base reap. The amount of communes
space required is Rrovided in 17.12 BIMC.
c Define Access After locating the natural space homesites and community space, the access network
shall be defined The access network shall provide a safe convenient. and efficient system for vehicular.
pedestrian and bicycle circulation and minimize impacts on proposed natural Race.
d Draw Lot Lines. Upon completion of the precedingthps, draw lot lines to delineate the
boundaries of individual lots.
3 Preapplication Conference. The applicant shall participate in a preapplication conference in accordance with_
the provisions and requirements in section 2.16.020.1 of this code. As part of the preapplication phase,
applicants are required to participate in a communi1y meeting through
_the city's public particjpa1iqL2Lqgjam
outlined in Resolution No. 2010-32, except that the community meeting shall be held at a Planning
Commission meeting. The preapplication conference application shall be provided to the Design Review
Board and Planning Commission.
E Review Procedures — Application Stage. Review of short subdivision applications shall include all of the
following__
1 Application An applicant may submit an application for a short subdivision at any time after completion of
required the required steps in subsection E of this section or approval of a waiver in accordance with BIMC
2.16.020.I.3 or 1.4 or subsection E.1 of this section. The applicant shall submit a complete application with all
required submittal requirements listed in the administrative manual.
2. Review t Kitsap Public Health District
a. Upon recei t of the application and determination of completeness, the director shall transmit a c9py of
the application to the health district.
b The health district shall provide written recommendation of approval, approval with conditions,_ or
disapproval of the preliminary long subdivision application pursuant to the decision criteria in subsection
F of this section.
3. Review by City Engineer
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT C: Bainbridge Island Municipal Code
Short subdivisions
Page 3/7
a Upon receipt of the application and determination of completeness, the director shall transmit a copy of
the application to the city engineer.
b The city engineer shall provide written recommendation, of approval, approval with conditions, or
disapproval of the preliminary long subdivision application pursuant to the decision criteria in subsection
F of this section.
4. Review and Recommendation by Design Review Board
a. Review and recommendation by the Design Review Board is optional. The Director shall determine
whether review is necessary based on the maior issues and specific aspects of the project and any written
public comments received during the public comment period_
b The purpose of the Design Review Board review and recommendation meeting is to review a proposed
project for compliance with a2plicable design guidelines and to ensure that the Rroject reflects an
revisions recommended by the Design Review Board at the desi n uidance review meetin .The Desi n
Review Board will also consider gny requested del2artures from the desi n guidelines,
c. The Desi Review Board will forward written finding
s their determination of theproject's consistency
with the design guidelines, the design guideline checklist, and their recommendation, including any
conditions, to the staff _planner. Any condition attached to a recommendation must be intended to achieve
consistency with one or more specific design euidelines. The Design Review Board's written findings
conclusions, and recommendation will be included in the staff report transmitted to the Director or
Planning Commission.
d. A Desien Review Board recommendation is not a final decision and therefore there is no Weal of the
recommendation.
5. Review and Recommendation by Planning Commission
a. Review and recommendation by the Planning Commission is optional. The Director shall determine_
whether review is necessary based on the major issues and specific aspects of the project, the Design_
Review Board recommendation, and any written public comments received duringthe lie public comment
ep riod-
b. The purpose of the Planning Commission review and recommendation meeting is to review a proposed
project for consistency with al2plicable design Puidelines. BIMC Title 17 and 18 and the comprehensive
plan.
c. The Planning Commission shall consider the ppplication ata public meeting where public comments
will betaken. The Planning Commission shall recommend approval, approval with conditions or denial of
an application. In making a recommendation the Planning Commission shall consider the applicable
decision criteria, all other applicable law, and the recommendation of the Design Review Board. If the
applicable criteria are not met. the Planning Commission shall recommend the proposal be modified or
denied.
d. The Design Review Board's recommendation shall hold substantial weight in the consideration of the
2ppiication_by the Planning Commission. Any deviation from the recommendation shall be documented in
their written findis of facts and conclusions.
e The Planning Commission will forward its written findings of facts and conclusions, their determination
of the Rroiect's consistency with the comprehensive plan, and their recommendation, including, any
conditions attached by the Planning Commission and Design Review Boarl to the staff planner. The
Planning Commission's written findings, conclusions and recommendation will be included in the staff
report transmitted to the Director.
f. A Planning Commission recommendation is not a final decision and therefore there is no appealofthe
recommendation.
6. Review and Approval by Director
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT C: Bainbridge Island Municipal Code
Short subdivisions
Page 4/7
a. The Director shall review the application materials, information provided by the health district and city
engineer, staff report, anypublic comments received, the recommendations of the Design Review Board
and the recommendations of the Planning Commission.
b. The Director will make the final decision based on (i) the decision criteria in subsection F of this
section, (ii) the recommendation of the planning commission, (iii) the recommendation of the design
review board (iv) and consideration ofanypublic comments received. The Design Review Board and
Planning Commission's recommendation shall hold substantial weight in the consideration of the
application by the Director. Any deviation from that recommendation shall be documented in the
Director's report.
c. The Director shall make compliance with the recommendations of the Desi n Review Board and/or
Planning Commission a condition of a roval unless the Director concludes that the recommendations:
L Reflect inconsistent application ofdesign guidelines or any a licable provisions of this code-,
ii. Exceed the authority of the Design Review Board or Planning Commission;
iii. Conflict with SEPA conditions or other re ulato requirements applicable to the project, or
iv. Conflict with requirements of local state or federal law
d. The Director shall reare written findings of facts and conclusions in support of the decision made. If
the Director disapproves the application he or she shall provide a written explanation of the reasons for the
disapproval to the applicant.
F Decision Criteria for Short Subdivisions. The Director's decision shall include written_ findings of fact addressing
all the requirements of the following subsections. The short subdivision may approved or approved with
modification if:
1. The applicable subdivision design guidelines and development standards of BIMC Titles 17 and 18 are
satisfied; and
2. The preliminary long subdivision makes appropriate provisions for the public health, sa_f_et�Tr and general
and public use and interest, including those items listed in RCW 58.17.110: and
3. The short subdivision has been prepared consistent with the requirements of the four -steep design process:
and
4. Anyportion of a long subdivision that contains a critical area, as defined in Chapter 16.20 BIMC,
conforms to all requirements of that chapter; and
5. Any portion of a long subdivision within shoreline jurisdiction, as defined in Chapter 1.6_.12 BIMC,
conforms to all requirements of that chapter; and
6. The cily engineer's recommendation contains determinations that the following decision criteria are met
and such determinations are supported by substantial evidence within the record:
a. The long subdivision meets the re uirements of 17.12 BIMC related to streets and pedestrian
access, and water, stormwater, and septic facilities; and
b. The long subdivision conforms to regulations concerning drainage in Chapters 15.19, 15.20
and 15.21 BIMC• and
c. The 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; and
d. If the long subdivision will rely on public water or sewer_ services, there is capacity in the
water or sewer system (as applicable) to serve the long subdivision, and the applicable
service(s) can be made available at the site, and
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT C: Bainbridge Island Municipal Code
Short subdivisions
Page 5/7
7. The proposal complies with all applicable provisions of this code: Chapters 36.70A and 58.17 RCW: and
all other 4p2licable 12rovisions of state and federal laws and re ulations and
8. The proosal is consistent with the 6 's coml2rehensiveplan-, and
9. Appropriate provisions for maintenance in perpetuity of natural and/or community space have been made:
and
10. The prelimina1y subdivision design is compatible with the physical characteristics of the proposed
subdivision site.
Preliminary
Short Subdivisions
Preep plication
C onference
\4pplication Sub9fittal
..................
Project Re ew SE PA Review
by Staff by Staff
SE PA
...•......••........r
Appeal to Hearing
Examiner
` = Notice and 14`dayRr
public comment period
...,= Indicates step
....... ,°if applicable„
r-wTzr.r err
■
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT C: Bainbridge Island Municipal Code
Short subdivisions
Page 6/7
er
.; �i� tabl --rt direct result of tha p .�e4-
5 83i• �axiviTi�iursy miu-cr+eriiirvrRcxiru a dosig.a4:oF`-ifi-an aA+that - a.1,
necesssapa-
d4e..+ Fe .,1r .,F+ke e�rh..r+ „1., 1;. Tk.S, ."t.-�acrr'�rcvr'�'n .�r'.Rof +L.n applicant's open spaee a1
J c,
1R—' -rrc1Hicvf-Review 'e di. ..+ .. ,n calendar days 4emcomplete -a�i- - cev
disapprove ,+. +he a .,I, atien to the ar.p4ea*t +;..• maedi fieaOen This t;me pe ad mat�he_
..�eiv-R d only with the _vaL-�p�ynl is n�cant. no aetio.=rean b��'n r dio a the -
34Eapp! the 90 1 d r{ "' the d" to of notify the.,a,�].i�., and S i f a „ I; able _ 0. ;h@
�3�•F,m�rrRzzm--nl�izruacnuea�-c�n'j��-Rirc•--uncc..., must notify ... �u-P�P�'' ', ,
f the delay d t r late rh�
�rro ai�a steps ` "cca i T •,,}.
j Rri--rcic�x}rCounty z
"�e4wal , distriet shall review thei — asr�n�herlgcl> -pr-e
-t�Fe ,,.-ding dnmeytic ye,.,.,.+•a
5 d.,
:on5a l; and li i) if the-pEepes4-is-H4F- e -5E t
by public sew ogaphie and drainage P :H
an on site system.
.
G. The h a44-4is��Coffi mend �i 'ppfflN,al with codisappFeval of an appheation
in a timely
'
-hh Fe -view time rt&—P 4
n1 n3n
if a . mime�.r n the nl, at,e „ne .
ss a
Call be the rern sibilLc ���alth d:. tfiet Yt., advise _ the, E&Fe -+.n. Of the reasons for tha..3e�
d if the health d' +-.-;n+ d a!4441�ry ]� liemin„ , ,;;h respect tom, the _i-,4enl.&-rrr�r
R:-i'r-I.Tl�-l+G .RR'[RCRT4 ----a--aRrr-, -� uY �
-3—Review by the City ER '
5 c'�e�r.. F.
. Upon pt appand determination of eam ieteness the directer shalt_ t_„r,a eopy of.
the application re rhe_rit„_ar.s'..e
e
- f!Ll4:lTZlr ET:lrTlRl7.T7fl.
� -------------
Decisionr'G#'-iccriii. �'�.,n5o a ade-that_
the--publie y and + est ..,ill S sepA?443j4-he platting ofsuch sherts_ubdiyision The difectof may a e.:e-of.
W hrivitcx$triv
, OR M9_ A ,ii347a71iE !liT.ir�7i1i1nrug•
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT C: Bainbridge Island Municipal Code
Short subdivisions
Page 7/7
b. The pr-aliminaFy residential short subdivis pr-epa onsisteHt with the Fequi;-emems of the
+Sadapplicable f'ia„�l,ra-ic�ir-rrc� n- i�-'i•-i�-..
, d --in pter 16.20
BIMG, eonferms — all requirements of that ehapte F, 7
A A +: o
f a rd + ..•} d; .thi_�tho s1. d am: as c` of ��ed in vziap;t 16A2 BIMC,
con4) of that . hapter.
, b
we -.ese items
f. The pFoposal emm.plies with all applicable provisions of �his eode, ChapteFs 34—:70 -
and all other applicable previsions 4state and federal laws and regulations�-,
L --
i. The shoic subdivision eeRfoFfns to fegulations concerning drainage inBIMC; and
The short Suh-d;s qiw; y. -rrll-not cause an undue burden n the drainage -b s _er- - %yatei:quakP��m4-w4
,�p+ F 04th the , and o oyment ofproperties d tFe am; .f
III+�� cR�Ft3irCCi�z A-ui[a
The r•t«aetr•-a-A --Aar—;—.
�Cazcm ways as proposed align wiIh and are otheFwkw PeArdinated 4h-�
ad�a of a ur3•erab-d
The weets n,. -A --A-,-;--
za-Frc cerci-+Brrrteu u"F"ed . adequate to
y
f fi--rf t the 0 on n..l..t;..:..:......, :il rai., .. public watts« or- se.., sen,iGes, rs.l,mrtsrc-rags%zc�j=isri�c��.uto�
semref ,meati!n.•. eab4e){@ ^•-.i�subd;the shoo vision, and the applical .le c.ori,.re,is -made
z.vr
aijable at tl,a a:fa• z+,d
■
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT D: Bainbridge Island Municipal Code
Large lot subdivisions
2.16.080 Large lot subdivisions.
Page 1/3
A. Purpose. This section provides an administrative procedure for approving subdivisions in which all of the created
lots are generally larger than five acres.
B. Applicability.
1. This procedure applies to all large lot subdivision , , , andCIl [ii'
definition shall pFevail over thefellsi ��•am-�^� ;. Large lot subdivisions generally include divisions or
re -divisions of land so that each created lot contains at least five acres of land (or 1/128th of a section of land,
whichever is less). Because Of theiF Si.10, 4leSO 108 We not r-eqUir-P-d- 10 fR ll R;.-., the flex lot design process
desenbed in BIN4G Title 17.
R L i i i
NOW
C. General Procedures.
1. The provisions of this section shall supplement the general administrative review provisions of BIMC
2.16.020 and 2.16.030 when the application is for a large lot subdivision. In the event of a conflict between the
provisions of BIMC 2.16.020 or 2.16.030 and this section the provisions of this section shall govern.
2. Large lot subdivisions shall be reviewed and approved through the procedures described for short
subdivisions in BIMC 2,16.070.13 through F with the exception that Design Review Board and Planning—
Commission review and recommendation are required, not optional.
4 Vesting A proposed large lot subdivision shall be considered under the subdivision ordinance, zoning or
other land use control ordinances, and the State Environmental Policy Act in effect at the time a fully
completed application for preliminary approval of the subdivision has been submitted to the city. The
requirements for a fully completed application shall be defined by the Administrative Manual.
5. Timeline for Review. The city has 90 calendar dales from the filing, of a complete application in which to
approve, disc rove or return the application to the applicant for modification. The timeline for review can be
extended be and 90 calendar days if the ci determines it has incomplete or insufficient application materials
and/or if there are significant changes to application materials. If no action can betaken to approve or
disapprove the application within the 90 calendar dale the director must notify the applicant of the reasons for
the delgy and steps necessary to complete the application.
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT D: Bainbridge Island Municipal Code
Large lot subdivisions
Preliminary
Large Lot Subdivisions
Preapplication Conference
N Application SubmiXal I
..............
ProjectNevi SE PA Review
by Std by Staff
...................
L
ct. SEPA
i on DeWminabon
�.............f.... .......
. %
Appeal to Idea "ng ;
Examiner
...•
Notice and 14 1loy
public comment period
'=Indicates step is
"'r "if applicable"
Page 2/3
a. Epon F@60iptrtile appis .a ,sot h+; f.� — zeneSS, #l. difee-- ni, .. :. a Copy of
�he app
e. in making an gni„r: f..,l,st[,a, the ,app S1E
b +a
Gonstfuction CtR; fi s the eit, • g b iL_ e rh a r l�, 6.-.+ a ithi., th
�i:$t-�flf35,� '•,�'•'a �sr-c:arsem�r-rric` rrrrr-rr�6-
pFeposed lalot .• 4..l �. ill he di ;.l.,.J .,t a t:. .�, tl, F �, .! the ;r,. e , —k—
,���,�y bn EC iOSQ•Y�G R _
&HE4� t' t . ,+ ; mho`oval,approyalditi ,.., r a'.
appiication.
i
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT D: Bainbridge Island Municipal Code
Large lot subdivisions
Page 3/3
a. The plica4io on f F'rhe E71mc : 19e i.•, .�+1, .,..+ I:.,,;+..+: d.n !il rhe
rrs � 1
-din (4) thee S
�,��. !'„1 the rit' tel_
z.-v�n 'i -Y -i vnw eo
b—.T-h ;t,,•_ham `; "icerrrsrxtv.`la ih at +�m-a-1, subdivisionmeets the follev'ring de f.-ci-ti�riair
' The Iarge lit r.:,� .,F rms to r g sn--c cam., ing ,. min �..... 12ters 15.20 and 1-5.2-1�
BW d
%-F,e, I., a I.,t sx.hri:. .z�rr t eause an undue I....-,-ia ., the drainage
9
an
1,e A4 ateG'Tl stfee FS
n.1: nt p ert 91f'1
The .-nears and pedewian wal Iq-t$ C£ 1ii7 a', fit
te.., Fn licahl 1_t�._sepVe �i I lot h.-1• d the „ 1 hlo .zel-S
�1�crrc. aP-r'c�aTv7-"rte'"-rrc. large .... . ..... ...._ , .._ ..._ applicable -- ---• f - made4va4a434-a44he-site; and
i
'�-. The iaFge et subdivision ce k .s to the "City of B a;nbF;dge44a-nd @@.,.edam, T7n4.r�
Develop
sh%w1ar4s4f,,4i, t d t ba denher {i .Jp4,� .,t' that the atien meets the ser.4
Ti'hi��1- 1'
1 IMG Title 17
e. The 1{;+cap l"` j health dist+iet ha reeoffffftflp l 44he-a-pphe t;.,,,v �,o yal__with
. d•rions
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT E: Bainbridge Island Municipal Code
Major conditional use permit
2.16.110 Major conditional use permit.
Page 1/4
A. Purpose. A major conditional use permit is a mechanism by which the city may require specific conditions on
development or the use of land to ensure that designated uses or activities are compatible with other uses in the same
zone and in the vicinity of the subject property. If imposition of conditions will not make a specific proposal
compatible the proposal shall be denied.
B. Applicability.
1. As determined by the director, a major conditional use permit shall be secured from the city prior to
establishing or expanding a use according to situations that include, but are not limited to: (a) the proposed use
or expansion covers 50 percent or greater of the total lot area; (b) the proposed use is accessed by a local or
private road; (c) the proposed use or expansion generates more than 36 total trips per day; (d) the proposed use
or expansion contains four or more units in a multifamily dwelling; or (e) requests for additional nonresidential
building height pursuant to Table 18.12.020-1, 18.12.020-2, or 18.12.020-3.
Any activity that is exempt from the request for a minor conditional use permit pursuant to BIMC
16.050.13.2 is also exempt from the request for a major conditional use permit.
3. The provisions of this section supplement those of BIMC 2.16.020 and 2.16. 100 when the application is for a
conditional use permit. In the event of a conflict between the provisions of BIMC 2.16.020 or 2.16. 100 and this
section, the provisions of this section shall govern.
4. Temporary uses and events may be exempt from some or all of the major conditional use permit
requirements if the director determines that their impacts on the immediately surrounding area will be minimal.
C. General Procedures.
1. Major conditional uses shall be approved through the general procedures applicable to quasi-judicial
decisions by the hearing examiner in BIMC 2.16. 100 except as described below.
D. Review Procedures — Proposal Stage. Review of major conditional use permit proposals shall include all of the
following.
1. Conceptual Proposal Review Meeting. The conceptual proposal review meeting is a means of screening_
proposals in their earliest stages of design before proponents are committed to a particular design. The
conceptual proposal meeting is an opportunity to ensure that the VWonent understands the objectives of the
review process, design guidelines, and comprehensive plan goals and policies. This early touch allows review
bodies to dialogue in an informal manner with the applicant, review the design guidelines and comprehensive
plan gQa1s and policies applicable to the site and explore desigpi concepts and/or options. It is also a means for
staff to acquaint the prospective applicant with the procedural steps for subdivision review. The conceptual
proposal review meeting will be held at a meeting of the Design Review Board. Submittal re uirements are
described in the Administrative Manual, and include a statement of intent, site analysis, and context map. An
applicant may request a waiver from the conceptional proposal review meetingif f the applicant demonstrates
knowledgg
a and understanding of the ci 's permit processing, procedures.
2. Desian Guidance Review Meeting. The design guidance review meeting is intended to provide input and
guidance to an applicant on consistency with applicable design guidelines and comprehensive plan goals and
policies including recommendations for how the project could be revised to achieve greater consistency. The
applicant should also make known the potential need and rationale for any departure from the design
guidelines or the Ci!y of Bainbridge Island Design and Construction Standards and Specifications. The design
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT E: Bainbridge Island Municipal Code
Major conditional use permit
Page 2/4
guidance review meeting will be held at a meeting of the Design Review Board. Requirements are described
in the Administrative Manual and include a schematic design and completed design guidelines checklist.
3. Preggplication Conference. The applicant shall particinte in a pregpplication conference in accordance with
the provisions and requirements in section 2.16.020.1 of this code. As part of the preapplication phase„
applicants are required to participate in a community meeting through the city's public participation program
outlined in Resolution No. 2010-32, except that the community meeting shall be held at a Planning
Commission meeting. The preapplication conference application shall be provided to the Desi&n Review
eview
Board.
E. review Procedures R Application Stage. Review major conditional use permit applications shall include all of the
following_
1=AApplication. An applicant may submit an application for a major conditional use permit at any time after
completion of a required the required steps in subsection D of this section or approval of a waiver in
accordance with BIMC 2.16.020.I.3 or IA or subsection D.1 of this section. The applicant shall submit a
complete application with all required submittal requirements listed in the administrative manual.
2. Review and Recommendation by Design Review Board
a. The purpose of the Design Review Board review and recommendation meeting is to review a proposed.
Rroiect for compliance with applicable design guidelines and to ensure that the project reflects any
revisions recommended by the Design Review Board at the desi n guidance review meeting. The Design
Review Board will also consider aLiy requested departures from the desi ,nuidelines.
b. The Design Review Board will forward written findings, their determination of the project's consistency_
with the design guidelines the design guideline checklist and their recommendation including any
conditions, to the staff _planner. Any condition attached to a recommendation must be intended to achieve
consistency with one or more specific design guidelines. The Design Review Board's written findings will
be included in the staff report transmitted to the Director or Planning Commission.
c. A Design Review Board recommendation is not a final decision and therefore there is no appeal of the
recommendation.
3. Review and Recommendation by Planning Commission
a. In the case of a major conditional use permit application, the Planning Commission shall review the
application prior to the review and final decision by the Director.
b. The purpose of the Planning Commission review and recommendation meeting is to review a _posed
project for consistency with applicable design guidelines, BIMC Title 1.7, and the comprehensive plan.
e. The Planning Commission shall consider the application ata public meeting
where public comments
will be taken. The Planning Commission shall recommend apRroval, approval with conditions or denial of
an application. In making a recommendation, the Planning Commission shall consider the applicable
decision criteria, all other applicable law, and the recommendation of the Design Review Board. If the
applicable criteria are not met, the Planning Commission shall recommend the proposal be modified or
denied.
d. The Desitin Review Board's recommendation shall hold substantial weight in the consideration of the
gpplication by the Planning Commission. Any deviation from the recommendation shall be documented in
their written findings of facts and conclusions.
e. The Planning Commission will forward its written findings of facts and conclusions, their determination_
of the project's consistency with the comprehensive pian, and their recommendation, including any
conditions attached by the Planning, Commission and Design Review Board, to the staff planner. The
Planning Commission's written findings will be included in the staff report transmitted to the Director.
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT E: Bainbridge Island Municipal Code
Major conditional use permit
Page 3/4
fl A Planning Commission recommendation is not a final decision and therefore there is no appeal of the
recommendation.
4. Review by Director
a The director shall review the gpplication materials, staff report, and the recommendations of the
Planninp Commission and shall prWare a report to the Hearing Examiner recommending a roval
approval with conditions or disgpproval of the application.
b. The Planning Commission's recommendation shall hold substantial weight in the consideration of the
application by the Director. Any deviation from that recommendation shall be documented in the
Director's report.
5. Review and Public Hearing with HearinExExaminer
a The Hearing Examiner shall consider the application materials and the director's recommendation at a
public hearing following the procedure_ s of B1MC 2.16.I (10.0 and applicable provisions of B1MC
2.16.020.
b The Hearing Examiner shall make compliance with the recommendations _ofthe Planning Commission
a condition of approvaL approvalunless the Hearing Examiner concludes that the recommendations:
L Reflect inconsistent application ofdesign guidelines or any applicable provisions of this code,
ii. Exceed the authority of the Design Review Board or Planning_ Commission,
iii. Conflict with SEPA conditions or other re ug latoryrequirements applicable to the project; or
iv. Conflict with requirements of local state or federal law
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT E: Bainbridge Island Municipal Code
Major conditional use permit
.ori as was Goa woo y' r\@ m*a an mom MOB M,
Appeal to Court
r,yyrr�r�,r rs�rrr�'rwrrrrrMrrsri
C = Notice and 14 day
public comment period
(D Opportunityfor public
participation or comment
Indicates step is
:....i "if applicable„
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
Page 4/4
EXHIBIT F: Bainbridge Island Municipal Code Page 1/7
Preliminary long subdivision
2.16.125 Preliminary long subdivisions.
A. Purpose. This section provides a procedure for eit�, eouneil review and approval of preliminary long subdivision
applications in compliance with the provisions of RCW Title 58, BIMC Title 17, and other applicable provisions of
Washington State law and this municipal code.
B. Applicability. This procedure applies to all applications for preliminary long subdivision, as !hat term is defined
followingin Chapter 17.28 BINIG, and that definition shall prevail ever the summaFy.Long subdivisions gener-ally
involve the division or redivision of land into more than four lots; where some of the lots are smaller than fivein size.
P3rel
Preapplication
Conference
Application Su
...,.............
jec ReviewEPA Review
by f V by Staff /
' Erl
fficial's
Detnation
SEPA
.....
Appeal to Court
0= opportunity for publi
participation or comment
@= Notice and 14 day
public comment period
C. General Procedures.
1. Long subdivisions shall be approved through the quasi-judicial hearing examiner approval procedures
described in BIMC 2.16. 100 except as described below.
2. The provisions of this section shall supplement those of BIMC 2.16.020 and 2.16.030 when the application is
for a long subdivision. In the event of a conflict between the provisions of BIMC 2.16.020 or 2.16.030 and this
section, the provisions of this section shall govern.
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT F: Bainbridge Island Municipal Code
Preliminary long subdivision
Page 2/7
l Vesting. A proposed long subdivision shall be considered under the subdivision ordinance, zoning or other_
land use control ordinances, and the State Environmental Policy Act in effect at the time a fully completed
application for preliminary approval of the subdivision has been submitted to the city. The requirements for a
fully completed application shall be defined by the Administrative Manual.
4. Timeline for Review. The city has 90 calendar days from the filing of a complete application in which to
approve, disapprove, or return the application to the applicant for modification. The timeline for review can be
extended beyond 90 calendar days if the city determines it has incomplete or insufficient application materials_
and/or if there are significant changes to application materials. If no action can be taken to approve or
disapprove the application within the 90 calendar dans the director must notify the applicant of the reasons for
the delay and steps necessary to complete the application.
D. Review Procedures — Proposal Stage. Review of long subdivision proposals shall include all of the following:
1. Conceptual ProRosal Review Meeting. The conceptual prolosal review meeting, is a_means of screening
long subdivision proposals in their earliest stages of design before proponents are committed to a particular
desi n. The conce tual pn2posal meeting is an qpl2ortunfty to ensure that the proponent understands the
obiectives of the review process, desmon guidelines, and comprehensive plan goals and policies. This ear_iy
touch allows review bodies to dialogue in an informal manner with the applicant, review the design guidelines
and comprehensive plan goals and policies applicable to the site, and explore design concepts and/or options. It
is also a means for staff to acquaint the prospective applicant with the procedural steps for subdivision review.
The conceptual proposal review meeting will be held at a meeting of the Design Review Board. Submittal
requirements are described in the Administrative Manual, and include a statement of intent, site analysis, and
context map. An applicant may request a waiver from the conceptional proposal review meeting if the
al2plicant demonstrates knowledge and understandingof the 6 's permit processing pLocedures.
2 Desio Guidance Review Meeting. The design guidance review meeting is intended to provide input and
guidance to an applicant on consistency with applicable design guidelines and comprehensive plan goals and
policies, including recommendations for how the project could be revised to achieve greater consistency. The
applicant should also make known the potential need and rationale for any departure from the design
guidelines or the City of Bainbridge Island Design and Construction Standards and Specifications. The desis;n
guidance review meeting will be held at a meeting of the Design Review Board. Submittal re uirements are
described in the Administrative Manual and include documentation of the four -step designprocess, schematic
design and completed subdivision design guidelines checklist. The four -step design process includes:
a. Delineate Natural Space. The applicant shall prioritize natural resources on the site in terms of their
highest to least appropriateness for inclusion in the proposed natural area On the basis of those riorities
and practical considerations given to the site's configuration, its context in relation to natural areas on
adioining and neighboring pmperties, and the applicant's subdivision objectives, natural space shall be
delineated in a manner clearly indicating boundaries as well as the types of resources. The amount of
natural space required is provided in 17.12 BIMC.
b. Locate Homesites and Community Space. After delineating natural space homesite areas and
community space shall be identified a "sketch" diagram is acceptable), using the site analysis and context
maps produced for the conceptual pWosal review meeting as a base map. The amount of community
space re uired is provided in 17.12 131MC.
c. Define Access. After locating the natural space, homesites and community space. the access network
shall be defined. The access network shall provide a safe, convenient, and efficient system for vehicular,
pedestrian and bicycle circulation and minimize impacts on proposed natural space.
d. Draw Lot Lines. Upon completion of the preceding three ste s draw lot lines to delineate the
boundaries of individual lots.
3. Preapplication Conference. The a licant shall 12articipate in a preapplication conference in accordance with
the provisions and requirements in section 2.16.020.1 of this code. As part of thers�eapplication phase,
applicants are required to participate in a community meeting through the city's- public participation program
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT F: Bainbridge Island Municipal Code
Preliminary long subdivision
Page 3/7
outlined in Resolution No. 2010-32 except that the community meeting shall be held at a Planning
Commission meeting. The preapRlication conference application shall be provided to the Desi n Review
Board and Planning Commission.
E. Review Procedures — Application Stage. Review of long, subdivision gRplications shall include all of the
following:
1 Application An applicant may submit an application for a long subdivision at any time after completion of a
required the required steps in subsection E of this section or approval of a waiver in accordance with BIMC
2.16.020.1.3 or 1.4 or subsection E.1 of this section. The applicant shall submit a complete application with all
required submittal r uirements listed in the administrative manual.
2. Review by Kitsap Public Health District
a. Upon receipt of the application and determination of completeness, the director shall transmit a copy of
the application to the health district.
b. The health district shall provide written recommendation of approval, approval with conditions or
disapproval of the preliminary lone subdivision application pursuant to the decision criteria in subsection
F of this section.
3. Review by Ci Engineer
a. Upon receipt of the application and determination of completeness, the director shall transmit acopy of
the application to the city engineer.
b. The city en ineer shall grovide written recommendation of a royal approval with conditions or
disapproval of the preliminary lone, subdivision application pursuant to the decision criteria in subsection
F of this section.
4. Review and Recommendation by Design Review Board
a. The purpose of the Design Review Board review and recommendation meeting is to review a proposed
project for compliance with applicable design guidelines and to ensure that the project reflects any —
revisions recommended by the Design Review Board at the design guidance review meeting. The Design_
Review Board will also consider any re uested departures from the design uidelines.
b The Design Review Board will forward written findings, their determination of the project's consistency
with the design guidelines, the design guideline checklist, and their recommendation, including any
conditions, to the staff planner. Any condition attached to a recommendation must be intended to achieve
consistency with one or more specific design guidelines. The Design Review Board's written findings,
conclusions, and recommendation will be included in the staff report transmitted to the Director or.
Planning Commission.
c A Design Review Board recommendation is not a final decision and therefore there is no appeal of the
recommendation.
5. Review and Recommendation by Planning Commission
a. The purpose of the Planning Commission review and recommendation meeting is to review a proposed
a proiect for consistency with applicable design guidelines, BIMC Title 17 and 18, and the comprehensive
plan.
b, The Planning Commission shall consider the application at a public meeting where public comments
will be taken. The Planning Commission shall recommend a royal apRroval with conditions or denial of
an application. In making, a recommendation, the Planning Commission shall consider the applicable
decision criteria, all other_annlicable law, and the recommendation of the Design Review Board. if the
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT F: Bainbridge Island Municipal Code
Preliminary long subdivision
Page 4/7
applicable criteria are not met. the Planning Commission shall recommend that the proposal be modified
or denied.
c. The Design Review Board's recommendation shall hold substantial weight in the consideration of the
application by the Planning Commission. Any deviation from the recommendation shall be documented in
their written findings of facts and conclusions.
d. The Planning Commission will forward its written findings of facts and conclusions, their determination
of the project's consistency with the comprehensive plan, and their recommendation, including any
conditions attached by the Planning Commission and Design Review Board, to the staff planner. The
Planning Commission's written findings, conclusions, and recommendation will be inciuded in the staff
report transmitted to the Director. —
e. A Planning Commission recommendation is not a final decision and therefore there is no appeal of the
recommendation.
6. Review by Director
a. The Director shall review the application materials, information provided by the health district and city
engineer, staff report, and the recommendations of the Planning Commission and shallprepare a report to
the Hearing Examiner recommending approval, approval with conditions, or disapproval of the
application.
b. The Planning Commission's recommendation shall hold substantial weight in the consideration of the
application by the Director. Any deviation from that recommendation shall be documented in the
Director's report.
7. Review and Public Hearing with Hearing Examiner
a. The Hearing Examiner shal I consider the application materials and the Director's recommendation at a
public hearing following the procedures of BIMC 2.16.100.0 and applicable provisions of BIMC
2.16.020.
b. The Hearing Examiner shal I make compliance with the recommendations of the Planning Commission
a condition of approval, unless the Hearing Examiner concludes that the recommendations:
i. Reflect inconsistent application of design guidelines or any applicable provisions of this code,
ii. Exceed the authority of the Design Review Board or Planning Commission;.
iii. Conflict with SEPA conditions or other re ug Iatory requirements applicable to the proiect; or
iv. Conflict with requirements of local, state, or federal law
F. Decision Criteria for Preliminary Long Subdivisions. The hearing: examiner's decision shall include written
findings of fact that the application meets all the requirements of the following subsections. The preliminary lona
subdivision may be approved or approved with modification if:
1. The applicable subdivision design guidelines and development standards of BIMC Titles 17 and 18 are
satisfied; and
2. The preliminary long subdivision makes appropriate provisions for the public health, safety and general and
public use and interest including those items listed in RQW 58.17.110, and
3. The preliminary long subdivision has been prepared consistent with the requirements of the four -step
design process: and -
4. 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; and
5. Any portion of a long subdivision within shoreline jurisdiction, as defined_ _ in Chapter 16.12 BIMC
conforms to all requirements of that chapter; and
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT F: Bainbridge Island Municipal Code
Preliminary long subdivision
Page 5/7
6. The city engineer's recommendation contains determinations that the following decision criteria are met
and such determinations are supported by substantial evidence within the record:
a. The long subdivision meets the requirements of 17.12 BIMC related to streets and pedestrian
access, and water, stormwater, and septic facilities, and
b. ii.The long subdivision conforms to regulations concemin dg rainage in Chapters 15.1915.20 and
15.21 BIMC: and
c. iii The long subdivision will not cause an undue burden on the drainage basin ar water guaIity an
will not unreasonably interfere with the use and enjoyment of properties downstream; and
d. If the long subdivision will rely on public water or sewer services, there is capacity in the water or
sewer system (as applicable) to serve the long subdivisi_ons and the applicable service(s) can be
made available at the site, and
7. The proposal complies with all applicable provisions of this code; Chapters 36.70A and 58.17 RCW; and
all other applicable provisions of state and federal laws and regulations; and
8. The proposal is consistent with the city's comprehensive plan; and
9. Appropriate provisions for maintenance in perpetuity of natural and/or community space have been made;
and
10. The preliminary{ subdivision_ design is compatible with the physical characteristics of the proposed
subdivision site.
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
ROWN"006.
"N a a
_
w.
slim
r
.. ........
0, �tj. I
sa
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT F: Bainbridge Island Municipal Code
Preliminary long subdivision
Page 6/7
J of
The health d;o+,.i...,�t�,..r fall .. .. the app4 at' r .v..' h R'6.,T F Proposal r...R€_ ms t&r_,._.afefl.-
..ta.,d ands r r, rd:. -.rt arrsest;.. ,..ate. „l.r_zr.d sem e disposal; an4+4if the proposal : of ta4q. �e4-
h,� S.F' :€ ., h Is; has r.. Fficie •.r_zrRd soil, teP
o�gcgY,and drainage rharn:s_ties
�T
�'k—helti diswcc i iccc ni-ziigi •, al al +h. .,.�1: OF disapproval of an applieatien
based on these criteria in subseetion G.2.b of thil sleelien ;- _a we 6111
comply with the 'e 'rr'+--cr"xc rel...FeFflents Of subb.
aFGeeS .r „ fh. 4h- r, it shall 4, thef;espori:i.il:t.. of the hand
d:. -+r;..+ to ad.. ^- }3cvt r r.,r Ftpa
f'r +he eh+-
of
.,
rrc r
�-,•Rle e . by the
Tb
a. Upon reee:„zn�
the application to t2$-eity engineer.
'
h The r;t-.:engiffeeF-sha"rovide Vlr%ktion of a , alYry.u1 with cond :Tions
,-
or-
long
khis
l]
La 0,MUMf
b
that -�Ri�Fr _-rrIar:o et�Ltho rAftelowing �.k.er�r
4—.T-beTFe4m4nai:), lerig sobdiyisien Fria), be approved or approved wiIh
..,.es 18 are satisfied;
k _Me el; r, 1
�e .a.er.,.
b
"e-pFel:minar., l ,,a�zkd: kae keen ., red ;ere .t +,:th_s1,.�_re .,:re,.ge. to oFahy ElexfNe lot
design P ,
t pursuant to Q1MC 2.1 -.bond
d. tkiny portion ef a long area, as defined in Chapter- 16.20 BIMC,
F- - r„ all tP Ofthat ciffl f elil
�rrn-�rrr rip all a �qfa ii ciiic�i�ca a a
AFky rt' €a long ,bd;_ -- - Ttii' Ao el; dist;. defined in ch l 1`1 B1MC
vir' �'b � �r rs't a. '•+ " ark -.'v :z .�s�Tr,
of r, r t all r e e.+t f that rh2� chap
w,—]
Th city e- n d-a!i o..... +......., ...ems that rhe f I1...NY ri-d+e-r,`i'eri—e -r'nc-tr
and such detef�nqinat'
i. The long sukaSi+sion .-.., €'A, -ms to F _gamtions conEe n}. ntea{. .aba n Chaptem 115.220 and 15.21
gi�� o
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.
EXHIBIT F: Bainbridge Island Municipal Code
Preliminary long subdivision
Page 7/7
4--T-he 19fig subdivisien wiR not cause an tmdkie bwden on the dfainage basia of waier quality and will
t .Rr
easen.,I-.I, interfere with rl,a use and.e :,r .,i,.>•..,..o.w;a5 .1.-, .-r,.o..s m.
The streets..d pedestrian .,nr• 4aland otherwisecoordinated 'th ..t,e ts—
,a<raign E,aa �101_
nd
�o e'
end pedestrian sways_ ar���ar� rote to aA•, nxm�rsoda;e ani cipated tTaff`in._ r.rl
Y. i the I.,..., subdivisionill .el: on ublie._ axateF-er-se a there eit,..., the atSeweF e _
..t.,.,. !a ., 1; „1.1e1 tr. e the l.,-, Ubd+ i .,d +L-1; ., o 0l.-1 be made
"__ _r zss SPF
.. i i. _�_ 1C�rhe n rCCn_ d
4 7
T, The long eef3lerrtls to the "City al'BainbFi d,-,,eis4nAr ic,4 „noF_„® Design and
Deyelo ..t ctandaFd& U, ..1 , ..la s the esti, _he r��xariat:az,, t tL,o Frau
, �engineer a�a
'�rcr�'H.ris:tc�v'.nZv-sna, av
standards ntt ,h.,+ ,i......., ent based on h 3 d t at;.e.; `l,at tl,., r.,.... .,tr ..he r.F
BIIMC Title
F-.�
.R.TRT.�T>C�. •-T34'T.RwT•�=T-F=T.i.Tsn _�rterr �a�r� s ra�'�a.
1 GL
_. A pFepesed subdivision shall not be a :ed_:>_irli,�-a �;t+e,.. �..,�r ..,aria that the—P"ubkc-�
_as *411 _bs-er,.ed by the „lert;,,n..x.# such. subd4,.,4ieF�
The Bainbridge Island Municipal Code is current through Ordinance 2018-42, passed October 9, 2018.