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ORD NO. 2020-10 ADOPTING INTERIM ZONING CONTROL RELATED TO BONUS DENSITYPage 1 of 22 ORDINANCE NO. 2020-10 AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390; imposing a six-month interim zoning control on the use or applicability of certain bonus density options as provided in BIMC 18.12.030.E. and the related provisions described in this ordinance; setting forth findings of fact in support of this interim zoning control; imposing the interim zoning control as described herein; stating the effect on vested rights; providing for exclusions; recognizing that a public hearing will be held within 60 days; authorizing interpretative authority; providing for severability; declaring an emergency; setting the duration; and establishing an immediate effective date. WHEREAS, within the express terms of the Growth Management Act, the Washington State Legislature has specifically conferred upon the governing bodies of Washington cities the right to establish and adopt interim zoning controls related to land uses; and WHEREAS, the City Council of the City of Bainbridge Island (“City”) updated the City’s Comprehensive Plan in February of 2017; and WHEREAS, balancing affordable housing, historic preservation, growth management, and sustainable development continues to be a local, regional, and national challenge due to many social and economic factors; and WHEREAS, the City has encouraged affordable housing construction by adopting “bonus density” programs that allow for increases in density above the underlying zoning if the additional density creates affordable homes; and WHEREAS, the intent of the Comprehensive Plan is to place residential density, inclusive of affordable housing, in the Winslow core area near infrastructure such as transportation hubs (e.g., ferry service, bus service, highway access), sewer, water, reliable electrical power, and retail stores; and WHEREAS, the intent of such policies is to manage growth consistent with the Growth Management Act, reduce infrastructure costs, and follow general principles of sustainable community development; and WHEREAS, the City Council is interested in evaluating the applicability, use, and effectiveness of the bonus density options provided for and as described in BIMC 18.12.030.E. that are being suspended by this interim zoning control, including related to the purchase of development rights, the provision of public amenities and/or infrastructure, the provision of community open space, floor area ratio transfers related to the Mixed Use Town Center and High School Road districts, and ferry-related parking; and Page 2 of 22 WHEREAS, an emergency exists necessitating adoption of this interim zoning control to suspend the use and applicability of certain bonus density options in order to preserve and protect public health, safety, and welfare; and WHEREAS, interim zoning controls enacted under RCW 36.70A.390 and RCW 35A.63.200 are methods by which local governments may preserve the status quo so that new policies and regulations will not be rendered moot by intervening development; and WHEREAS, this interim zoning control will provide the City with additional time to review and potentially revise its public health, safety, and welfare requirements and zoning and land use regulations related to providing density bonuses above and beyond the underlying zoning; and WHEREAS, the City Council concludes that it must adopt this interim zoning control based on concerns as expressed in this ordinance regarding the awarding of density bonuses that are unrelated to affordable housing and historic structure preservation; and WHEREAS, the City Council has significant concerns regarding whether the use of certain density bonus options is accomplishing the vision and goals of the City’s Comprehensive Plan; and WHEREAS, based on these and related concerns, the City Council requires 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, the City Council has considered the applicability and use of bonus density options at multiple Council meetings, including on February 4, February 11, February 25, and March 3, 2020; and WHEREAS, the City possesses land use jurisdiction and regulatory authority over the City’s incorporated lands; and WHEREAS, the interim zoning control imposed herein promotes the public good and is necessary for the protection of public health, property, safety, and welfare; and WHEREAS, the City Council now determines that a public emergency exists requiring that this interim zoning control become effective immediately upon adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above are hereby adopted as the City Council’s initial findings of fact in support of the interim zoning control established by this ordinance. The City Council may, in its discretion, adopt additional findings after the public hearing referenced in Section 4 below. Page 3 of 22 Section 2. Interim Zoning Control Imposed. As authorized by the police powers of the City as set forth, for example, in Article XI, Section 11, of the Washington State Constitution, and pursuant to statutory authority set forth, for example, in RCW 36.70A.390 and RCW 35A.63.220, and unless expressly excluded under this Section 2 of this ordinance, the City hereby imposes an interim zoning control, as described in this Section 2, for all properties and development in the Mixed Use Town Center and High School Road Districts as follows: A. Applicability. This ordinance hereby suspends the applicability and use of BIMC 18.12.030.E, BIMC 18.27.080, and footnote three to Table 18.12.020-3 related to bonus density options. B. Exclusions. The following are excluded from this interim zoning control, meaning that the interim zoning control does not apply to: 1. BIMC 18.12.030.E.1. (which relates to Optional Affordable Housing). 2. BIMC 18.12.030.E.6. (which relates to Historic Structure Preservation). 3. Development projects that filed a complete land use permit application with the City and have purchased from the City or otherwise acquired development rights, including related to bonus floor area ratio, through an executed covenant, development agreement, or contract, prior to the effective date of this ordinance. C. Effect of This Interim Zoning Control. For clarity, attached Exhibit A shows BIMC 18.12.030.E., BIMC 18.27.080, and Table 18.12.020-3 and includes as strikethrough text the provisions of BIMC 18.12.030.E., BIMC 18.27.080, and related footnote three to Table 18.12.020-3 that are being suspended by this interim control ordinance, such that the provisions in the strikethrough text shall not be in effect and cannot be used during the period of time in which the interim official control adopted by this ordinance remains in effect. Section 3. Effect on Vested Rights. The interim zoning control imposed under this ordinance shall operate, as of the effective date of this ordinance, to suspend the applicability or use of BIMC 18.12.030.E. and the related provisions described in this ordinance, subject to the above exclusions, for all properties and development in the Mixed Use Town Center and High School Road Districts. However, nothing in this ordinance shall be construed to extinguish, limit, or otherwise infringe on any property owner’s or property leaseholder’s vested development rights as defined by state law and City of Bainbridge Island regulations. Page 4 of 22 Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council shall hold a public hearing at a City Council meeting within 60 days of adoption of this ordinance in order to take public testimony and to consider adopting further findings of fact. Section 5. Interpretive Authority. The City of Bainbridge Island Director of Planning and Community Development, or designee, is hereby authorized to issue official interpretations arising under or otherwise necessitated by this ordinance. Section 6. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 7. Declaration of Emergency; Effective Date; Duration. This ordinance, which the City Council hereby regards as a public emergency ordinance necessary for the protection of the public health, public safety, public property, and public peace, shall take effect and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641 (1995), non-exhaustive underlying facts necessary to support this emergency declaration are included in the “Whereas” clauses above, all of which are adopted by reference as findings of fact as if fully set forth herein. This interim zoning control shall take effect immediately and shall remain effective for six (6) months, unless terminated earlier by the City Council. Provided, that the Council may, at its sole discretion, renew the interim zoning control for one or more six-month periods in accordance with state law. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City. PASSED by the City Council this 10th day of March, 2020. APPROVED by the Mayor this 10th day of March, 2020. ATTEST/AUTHENTICATE: Page 5 of 22 FILED WITH THE CITY CLERK: March 6, 2020 PASSED BY THE CITY COUNCIL: March 10, 2020 PUBLISHED: March 13, 2020 EFFECTIVE DATE: March 10, 2020 ORDINANCE NUMBER: 2020-10 Attached: Exhibit A: BIMC 18.12.030.E. and related provisions as above described (with applicable strikethrough text) Page 6 of 22 Exhibit A The applicability and use of the provisions below in strikethrough text are hereby suspended by this interim control ordinance. BIMC 18.12.030 E. Bonus Density in Winslow Mixed Use and High School Road Districts. Eligible properties may achieve a maximum level of development above the base FAR, as provided for in Table 18.12.020-3, by using one, or a combination of, the following FAR bonus provisions. The FAR bonus provisions may be combined to achieve the maximum level of development established for each district. In no case shall the total commercial, residential or mixed use FAR exceed the maximum FAR as provided for in Table 18.12.020-3. 1. Optional Affordable Housing. a. FAR Bonus. Up to 100 percent of the maximum residential FAR bonus may come from providing affordable housing as defined in Chapter 18.36 BIMC; provided, that the difference between the base residential FAR and the maximum residential FAR shall be dedicated to affordable housing. A portion of the total floor area that is of common use and benefit to the entire residential development (for example, interior halls, stairwells, laundry rooms, exercise rooms) may be included in the calculation of the affordable housing component. This portion shall be the same percentage as the affordable housing provided. For example, if 20 percent of the living unit floor area is for affordable housing, then 20 percent of the common floor area may be included in the total affordable housing calculation. Development of the optional affordable housing shall be in accordance with Chapter 18.21 BIMC and Table 18.12.030. Page 7 of 22 Table 18.12.030: Optional Affordable Housing Bonus Summary Table Size of Development Residential development less than 10,000 sq. ft. Residential development of 10,000 sq. ft. but less than 60,000 sq. ft. Residential development more than 60,000 sq. ft. Affordable Housing FAR Bonus Must provide 100 percent of bonus square footage for extremely low, very low, or moderate income groups. Must comply with following ratios: Must comply with following ratios: (a) 100 percent of bonus for all moderate; OR 0.1 of bonus for extremely low, very low or low income groups; (b) 0.2 of bonus for extremely low, very low, or low income groups; 0.6 of bonus for moderate income group; and 0.5 of bonus for moderate income group; and 0.3 of bonus for middle income group. 0.3 of bonus for middle income group. b. Preservation of the Islander Mobile Home Park. Preservation of the Islander Mobile Home Park as an existing park site for manufactured homes shall be encouraged through the following provisions. i. Unused FAR from the parcel on which the mobile home park is located may be transferred to another parcel or parcels within the Mixed Use Town Center. For example, the base FAR for the mobile home park would be calculated, less the FAR of the mobile homes. In exchange for permanently preserving the mobile home park, the owner of the property may transfer the unused FAR to another parcel or parcels in the Mixed Use Town Center, where it may be used as bonus FAR above the base FAR for that district. Page 8 of 22 ii. Permanent preservation of the mobile home park may be used as an affordable housing bonus on another parcel or parcels within the Mixed Use Town Center. For example, in exchange for preserving the mobile home park, the owner of the property would be deemed to have met the affordable housing bonus provisions of subsection A.1 of this section, and could achieve the maximum FAR bonus for residential development on another parcel or parcels in the Mixed Use Town Center. The owner of the mobile home park may either apply the FAR bonus to another parcel(s) he or she owns, or transfer or sell the bonus to another property owner in the Mixed Use Town Center. 2. Purchase of Development Rights. Up to 100 percent of the maximum residential, commercial or mixed use FAR bonus may come from the purchase of development rights as provided for in Chapter 18.27 BIMC. The cost of development rights shall be established by resolution of the city council. 3. Public Amenities and/or Infrastructure. At the applicant’s option, a portion of the bonus may be earned through the provision of public amenities, infrastructure, and/or preservation of a heritage tree(s) on site, pursuant to an adopted city council resolution clarifying the amount of credit awarded for different provision of different public amenities and/or infrastructure, as follows: a. Up to 40 percent of the maximum residential, commercial or mixed use FAR bonus may come from monetary contributions toward public amenities and/or infrastructure beyond that required for SEPA mitigation. The amount of the contribution shall be established by resolution of the city council. Funds contributed to the public amenities and/or infrastructure shall be used exclusively in the Mixed Use Town Center or High School Road districts, for projects identified in the six-year capital facilities program, or approved by the city. b. In lieu of the contribution of funds as provided for in subsection E.3.a of this section, and subject to approval by the director or designee, the public amenities FAR bonus may be achieved by the preservation of a heritage tree(s) on site, construction of public amenities and/or infrastructure beyond that required to mitigate the impacts of development. Public amenities and/or infrastructure projects shall be located in the Mixed Use Town Center or High School Road districts, and shall be chosen from projects identified in the six-year capital facilities program, or approved by the city. Page 9 of 22 4. Community Open Space. In the ferry terminal district, 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. The community open space shall be located in or in the immediate vicinity of locations identified in Figure 4.1 of the Winslow master plan. The open space 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. In cases where a development project utilizes the community open space bonus provision in conjunction with the purchase of development rights bonus provision, all funds collected from the purchase of development rights shall go toward the preservation of agricultural lands fund. 5. Winslow Town Center Mixed Use/High School Road FAR Transfers. Up to 20 percent of the maximum residential, commercial or mixed use FAR bonus may come from transfers of FAR from parcels within the Mixed Use Town Center and the High School Road districts. The transfer shall create permanent open space through open space preservation covenants on sending parcels that contain critical areas as defined in Chapter 16.20 BIMC. For example, development potential in the ravine of the gateway district may be shifted to the upland area; provided, that the requirements of Chapter 16.20 BIMC are satisfied. 6. Historic Structure Preservation. When an historic structure is preserved on site, the FAR of that historic structure shall not be included in the calculation of total FAR for the site. The historic structure must be included on a state, local or federal register. 7. Ferry-Related Parking. In the ferry terminal district, an additional 0.2 FAR may be achieved by relocating existing legal surface ferry commuter parking on site (as shown on Figure 6.2 of the Winslow master plan) to under-building or below-grade parking. The percentage of the additional FAR that is achieved shall be dependent upon the percentage of parking that is relocated. For example, if 50 percent of existing surface ferry commuter parking on site is relocated under-building or below grade, then 50 percent of the total additional FAR (or 0.1 FAR) may be achieved. Page 10 of 22 BIMC 18.27.080 A. In order to use development rights to increase floor area ratio within the Mixed Use Town Center or High School Road districts as provided in BIMC 18.12.030.E, an applicant must fill out an application in a form approved by the city. The application shall include the amount of the requested increase in floor area ratio, and the fee, if any, of the increased floor area ratio. The fee for development rights to increase floor area ratio shall be established by resolution of the city council. B. The approved application to utilize development rights to increase floor area ratio within the receiving area must be part of a site plan and design review application under BIMC Title 2. The site plan must indicate the increase in floor area ratio (FAR). C. The use of development rights shall be reviewed for conformance with the design review provisions of BIMC 18.18.030. Page 11 of 22 Table 18.12.020-3 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] MAXIMUM FAR (Floor Area Ratio) [1] Basic Maximum Commercial and Other Nonresidential Uses 0.6 0.4 0.3 0.15 0.1 0.3 No max.; limited by other standards Residential 0.4 0.4 0.3 0.5 0.4 0.3 No FAR limit: R-2 standards apply Mixed Use [2] 1.0 0.5 0.5 0.5 0.5 0.3 No max.; limited by other standards Maximum with Bonus Page 12 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] Commercial and Other Nonresidential Uses 1.0 0.6 0.6 0.3 0.2 0.6 Bonus densities require compliance with BIMC 18.12.030.D N/A N/A Bonus densities require compliance with BIMC 18.12.030.E Residential 1.0 0.6 0.6 1.0 1.1 0.6 N/A N/A Bonus densities require compliance with BIMC 18.12.030.E Mixed Use [2] 1.5 1.0 1.0 1.0 1.3 (1.5 pursuant to note [3]) 1.0 N/A N/A Bonus densities require compliance with BIMC 18.12.030.E Page 13 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] MINIMUM LOT DIMENSIONS Area N/A N/A N/A N/A N/A N/A N/A 20,000 sq. ft. 20,000 sq. ft. Depth N/A N/A N/A N/A N/A N/A 80 N/A N/A Width N/A N/A N/A N/A N/A N/A 80 N/A N/A MAXIMUM LOT COVERAGE 100%, excluding setbacks 35% 35% 2,500 sq. ft. max. building footprint south of Wyatt, excluding parking 35% 75% 50% 35% 35% 50% Page 14 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] structures located below predevelopment and finished grade SETBACKS (Minimum required unless otherwise noted) [4] Note: Landscaped areas may serve as setbacks and, in some cases, may exceed the setback requirements. Note: Additional setbacks may be required by: (a) Chapter 16.12 BIMC, Shoreline Master Program; or (b) Chapter 16.20 BIMC, Critical Areas; or (c) BIMC 16.28.040, mining regulations; or (d) BIMC 18.09.030, Use Specific Standards; or (e) BIMC 18.12.030.F, Shoreline Structure Setbacks. Page 15 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] Front Commercial: 5 ft. max. from sidewalk; Residential: 10 ft. min. and 20 ft. max. from Madison Ave. sidewalk 10 ft. min., 20 ft. max. 15 ft. min., 20 ft. max. 5 ft. max. from sidewalk 5 ft. max. from sidewalk except as modified by transition standards in BIMC 18.12.030.C 10 ft. max. from sidewalk 0 ft. min., 20 ft. max from any street, planned right-of-way or road easement, unless otherwise provided under special planning 50 ft. min. along any public right- of-way 40 ft. min. from property in residential districts; 10 ft. min. for all other Page 16 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] area provisions Side 0 ft.; 5 ft. min. when property abuts the Madison Avenue or Ericksen Avenue overlay districts 0 ft.; 5 ft. min. when property abuts the central core overlay district 5 ft. min. 0 ft. 0 ft. 0 ft. 0 ft. when property abuts another NC zone; 15 ft. when property abuts a residential zone 10 ft.; 50 ft. when abutting a residentially zoned property. The city may increase this to a maximum of 100 ft. 40 ft. min. from property in residential districts; 10 ft. min. for all other Page 17 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] depending on the type, scale, and intensity of the proposed use, subject to site plan review. Rear 0 ft.; 5 ft. min. when property abuts the Madison 0 ft.; 5 ft. min. when property abuts 0 ft.; 5 ft. min. when property abuts the central core or Madison 0 ft. 0 ft. 0 ft. 0 ft. when property abuts another NC zone; 15 ft. 15 ft. min.; 50 ft. min. when abutting a residential 40 ft. min. from property in residential districts; Page 18 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] Avenue or Ericksen Avenue overlay districts the Central Core or Ericksen Avenue overlay districts Avenue overlay districts when property abuts a residential zone district. City may increase to a maximum of 100 ft. based on type, scale, and intensity of proposed use, subject to site plan review. 10 ft. min. for all other Shoreline Jurisdiction See Table 16.12.030-2, Dimensional Standards Table, and BIMC 18.12.030.F, Shoreline Structure Setback Lines Page 19 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] MAXIMUM BUILDING HEIGHT [5] Note: Bonus may not be available in the shoreline jurisdiction Base 35 ft.; 25 ft. max. south of Parfitt 25 ft.; 35 ft. north of High School Road 25 ft. 35 ft. BIMC 18.12.030.C standard height north of Winslow Way; 35 ft. south of Winslow Way 35 ft. 35 ft. 35 ft. 35 ft. except that Chapter 16.12 BIMC applies within shoreline jurisdiction Bonus 1 if parking under building [6] 45 ft.; 35 ft. south of Parfitt 35 ft.; 45 ft. north of 35 ft. 45 ft. BIMC 18.12.030.C optional 45 ft. Page 20 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] High School Road height north of Winslow Way; 45 ft. south of Winslow Way Bonus 2 for Nonresidential Uses with Major Conditional Use Permit 45 ft. 45 ft. 45 ft. Page 21 of 22 Table 18.12.020-3 Dimensional Standards for Mixed Use Town Center and “Other” Zone Districts ZONING DISTRICT Winslow Mixed Use Town Center HSR I and II NC B/I WD-I DIMENSIONAL STANDARD Central Core Overlay Madison Avenue Overlay Ericksen Avenue Overlay Gateway Overlay Ferry Terminal Overlay [See BIMC 18.12.030.C] Bonus 3 Structure Height Alternative height limits may apply if the conditional use permit provisions of BIMC Title 2 are met. Some encroachments through height limits are permitted under BIMC 18.12.040. [1] If the existing FAR for a developed property as of May 21, 1998, is higher than the base FAR for that district, then the existing FAR will be considered the base FAR for that developed property. Total FAR may not be exceeded. [2] In mixed use development, the established FAR in the residential and commercial components shall not be exceeded. For the residential FAR bonus provisions for qualifying housing design demonstration project, refer to the bonus density provisions in BIMC 2.16.020.S.8. [3] In mixed use development in the ferry terminal district, an additional 0.2 FAR is permitted in accordance with BIMC 18.12.030.E.7. The additional FAR may be applied to either the residential or commercial component of the mixed use development. [4] When property adjoins a single-family residential zone, building setback shall be in accordance with the landscape ordinance perimeter landscaping requirements. Page 22 of 22 [5] When property adjoins a lower density residential zone, except in the ferry terminal district, north of Winslow Way, for the first 30 feet of the building from the property line of an adjoining lower density residential zone, the building height shall be the building height of the adjoining lower density residential zone. Optional building height allowed in the adjoining lower density residential district through a conditional use permit may be requested for projects within the Mixed Use Town Center and High School Road zones through the site plan review process. For building height requirements in the ferry terminal district, north of Winslow Way, reference BIMC 18.12.030.C. [6] The bonus height is only available for the entire building if parking is located under more than 50 percent of the building footprint. If parking is located under 50 percent or less of the building footprint, the bonus may only be used for a portion of the building footprint twice as large as the area with parking located beneath.