ORD 2001-14 DENSITY CALCULATIONS & WETLAND AREASORDINANCE NO. 2001-14
AN ORDINANCE OF TIlE CITY OF BAINBRIDGE ISLAND, WASHINGTON, relating to
density calculations and wetland areas, amending Section 16.20.090.C, D and E of the Bainbridge
Island Municipal Code (BIMC).
WHEREAS, with Ordinance No. 92-07, the City adopted a critical areas ordinance to
protect environmentally sensitive areas including wetlands; and
WHEREAS, the Bainbridge Island Comprehensive Plan provides for the protection of
wetlands and allows some density transfer from regulated wetland areas; and
WHEREAS, the City has determined that predictability in density calculations is
necessary to assure proper planning and design of residential subdivisions through the flexible lot
design subdivision ordinances; and
WItEREAS, the current methodology does not provide enough direction to adequately
protect wetlands; and
WHEREAS, on June 28, 2000, the City Council passed Ordinance 2000-13, amending
limited density calculations for wetlands as specified in Bainbridge Island Municipal Code
16.20.090 C,D&E; and
WHEREAS, Ordinance 2000-13 was remanded by the Puget Sound Growth Hearing
Board to the City for additional public participation and timely notification to the Department of
Community, Trade and Economic Development as required by RCW 36.70A. 106(3) (Case # 00-
3-0014); and
WHEREAS, the Department of Community, Trade and Economic Development was
notified of the intent to adopt this ordinance on March 6, 2001;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN, as follows:
revised 6/14/01, SJM 1
Section 1. Section 16.20.090.C, D and E of the Bainbridge Island Municipal Code is amended as -
follows:
C. Limited Density Calculation.
The Director shall not allow credit for density for the portion of the site occupied by
regulated wetlands except in the R-0.4 zone. where complete density credit is allowed for
regulated wetlands occupying up to 20% of the total site area provided that there are no direct
imoacts to the wetlands or required buffers. In the R-0.4 zone. if the regulated wetlands
occupy more than 20% of the total site. the densiW credit for the wetlands shall be calculated
for no more than 20% of the total site area.
2. When a property to be developed contains a wetland buffer, the allowable density for the area
containing the buffer shall be determined using the formula in subsection a. below. The formula
for density calculations is designed to provide for the preservation of wetland and wetland
buffers, flexibility in design, and consistent treatment of different types of development
proposals. The formula shall apply to all properties within existing residential zones on which
wetland buffers are located.
~. Formula for Density Calculation q£ Wetland Buffer Area: Allowed Buffer Density =
Wetland Buffer Area x Density Credit Factor ~ Base Density in the Zone.
Percentage of site in ~tland De~gi~ Ct: edit
1-10% 1.0
11-20% 0.9
21-30% 0.8
31-40% 0.7
41-50% 0.6
51-60% 0.5
61-70% 0.4
71-80% 0.3
81-90% 0.2
91-99% 0.1
b. I~ne allowed density is added to the base density for the remainine portions of the parcel to
determine the allowed maximum density for the pror~ertv containing wetland or wetland buffers.
Fractions of allowed density shall be rounded down to the next whole number.
3. The buffer densiW can only be transferred within the development proposal site except as
allowed in subsection 4. below. Resulting lot area shall be sufficient in size to accommodate an
on-site septic system if no sanitary_ sewer system is available to serve the property_.
revised 6/14/01, SJM 2
4. ~ If a regulated wetland, required buffer an~or s~eam buffer is retained in a pe~anent
conse~ation easement, densiW credit for the area in the conse~ation easement may be used
for tax credit or as pa~ of a ~ansfer of development rights or p~chase of development hghts
pro,am. (Tc cbtain densiD' credit r~, +u~ ~..~:~. ............. ra~.,~, ..... + ~-
D. Subdivision and Short Plats
L Recording. Ifa_property is the subject of a subdivision or short subdivision the
designation of any open space tract, wetlands or wetlands buffer shall be clearly marked as an
easement on the plat, and any restrictions on use of the open space tract, wetlands, or wetlands
butler shall be included in the open space management plan and noted on the
plat.
~ 2~ Creation of New Lots. New lots shall contain at least one building site on each lot that is
suitable for development, and shall provide access to each lot. New lots shall not be within a
reeulated wetland or its buffer. IXT~,., l~+o 01~.11 .~.+.;..* 1...+ ^-. l...:l.l:-g 0:+% ;-M,..I:-
Section 2. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
revised 6/14/01, SJM 3
PASSED by the City Council this 13th day of June 2001.
APPROVED by the Mayor this 14th day of June 2001.
Dwight Sutton, M~tyor
S~usan P. Kasper, City Clerl~
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
March 7,2001
June 13, 2001
June 20, 2001
June 25, 2001
2001-14
revised 6/14/01, SJM 4