A. Density and Lot Coverage Bonus for R-8 and R-14 Zone Districts.
1. An increase in density in the R-8 and R-14 zone districts may be granted pursuant to the requirements in Chapter 18.21 BIMC.
2. A density bonus not to exceed 50 percent may be granted to lands in the R-8 and R-14 zone districts if the applicant provides permanent, public open space, provided the following criteria are met:
a. The open space shall abut a public or private street and have adequate public access.
b. If the subject property being developed is a corner site, placement of the open space at the corner is preferred.
c. Signage shall be posted to notify that the open space is public and access is permitted.
d. The amount of the density bonus shall be twice the percentage of the total lot area that is designated as open space. For example, if 25 percent of the total lot area is designated as open space, a 50 percent density bonus may be achieved.
e. The minimum area designated as public open space must be the larger of (i) 10 percent of the total lot area or (ii) one-quarter acre.
f. If the open space is not contiguous, then each open space area must be at least one-quarter acre.
g. A 15-foot building setback shall be provided along the perimeters of the open space.
h. Trees retained within the designated open space may fulfill the significant tree/canopy retention requirements of BIMC 18.15.010.
i. The public open space density bonus may be combined with other density bonuses applicable to this zone; provided, that the total combined density bonus does not exceed 50 percent of the base density.
j. The open space shall be established as permanent, public open space through one of the following means through either public or private ownership. For purposes of this provision, public ownership means that the city or other public agency chooses to accept ownership of open space and that upon approval and acceptance by the director, open space shall be dedicated to the public. Private ownership means that the open space is held in private ownership if established by easements, restrictive covenants, or other similar legal means in which (i) public access and maintenance of the open space are adequately provided for by written agreement, and such agreements or covenants are recorded with the county auditor; and (ii) in the event that the open space is not maintained consistent with the agreement, the city shall have the right to provide the maintenance of the open space and bill the owner for the cost of maintenance.
k. Lands that are located in the critical areas overlay district, as identified in the comprehensive plan, are not eligible for the density bonus provided in this section.
l. In the R-8 zone district, no portion of any building within 20 feet of a front yard setback located across the street from a single-family residential zone shall exceed a height of 25 feet.
m. In the R-8 zone district, building design shall incorporate features such as pitched or terraced roof forms, upper level stepbacks, wall recesses and/or other architectural treatment to minimize building bulk and scale as perceived from adjoining streets and neighborhoods.
n. In the R-14 zone district, open space that is selected under the provisions of subsection B.7 of this section or required as mitigation for development impacts may not be included in the open space calculations related to the density bonus provided in this section.
3. When the density bonus provisions in subsection A.2 of this section are used, the maximum lot coverage in the R-8 and R-14 zone districts may be increased as follows:
a. In the R-8 zone district, the lot coverage may be increased to 40 percent;
b. In the R-14 zone district, the lot coverage may be increased 50 percent.
B. Additional Height in R-14 District. In the R-14 zone district, an applicant who requests additional lot coverage pursuant to subsection A.3 of this section shall not be allowed to also increase maximum allowable building height unless the applicant demonstrates that:
1. The applicable design guidelines are met; and
2. The criteria for conditional use permit approval of additional height in the R-14 district, as set forth in BIMC Title 2, are met; and
3. The increased height facilitates underground or enclosed under-building parking to the extent feasible; and
4. The building massing contains significant modulations; and
5. Thirty percent of the property must be retained as pervious surface area. Pervious surface areas can include landscaping, unpaved stormwater management facilities, underground or overhead utility lines, perimeter fences, and pervious trails. Setback areas and significant tree retention areas can count towards the required pervious surface area. Pervious surface area shall exclude areas covered by (a) structures, including decks, fountains, artwork, utility cabinets, lighting fixtures, trash enclosures, and signs; and (b) areas covered by paving and/or gravel, including sidewalks, impervious paths, patios, parking areas, and driveways; and
6. Mechanical equipment shall be enclosed or screened, and such enclosures or screening shall be architecturally integrated into the building design or landscape plan; and
7. The project provides one or more public amenities that would not otherwise be provided, such as greater significant tree retention or provision of more open space than is otherwise required, publicly accessible play areas, trails, or benches, or other amenities proposed by the applicant and approved by the city.
C. Transition Standards in the Ferry Terminal Overlay District. In order to protect adjacent neighborhoods, a 100-foot-wide transition area is established in the ferry terminal overlay zone, north of Winslow Way, as follows: along the west side of Ferncliff Avenue, starting approximately 100 feet north of Winslow Way; along the north boundary of the district, east of Cave Avenue; and along both sides of Cave Avenue, starting approximately 300 feet north of Winslow Way. The landscaping requirements and height restrictions illustrated below shall apply to this transition area. Portions of the ferry terminal overlay district that are not in the transition area designated by this section shall comply with all other applicable ferry terminal overlay district requirements.
D. Bonus Density in NC District. Bonus density shall be available in the NC district as follows:
1. Three units per acre with the provision of transfer of development rights (TDRs), in accordance with Chapter 18.27 BIMC; or
2. Three units per acre with the provision of affordable housing, in accordance with the provisions of Chapter 18.21 BIMC; or
3. Three units per acre if the development is commercial/residential mixed use and public sewer and public water are not provided, or five units per acre if the mixed use development is on public water and sewer. The residential units must be located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor.
a. In instances where a project contains both mixed use and residential-only buildings, the bonus density shall only be calculated based on the mixed use buildings. The residential-only buildings shall not be used to calculate the bonus density; or
4. Five units per acre with the provisions of TDRs and public sewer and water; or
5. Five units per acre with public water and sewer and the provision of affordable housing in accordance with Chapter 18.21 BIMC; or
6. Up to 12 units per acre for those specific parcels located in Lynwood Center and so designated on the land use map as NC/R-12 for the Lynwood Center special planning area; provided, that all requirements of this title applicable to the NC are met, and that:
a. The development is commercial/residential mixed use with the residential units located above the ground floor if the building is located on a collector or secondary arterial or higher road classification; however, for mixed use projects, if the building fronts on a local or private street, residential units can be located on the ground floor; and
b. Public sewer and water are provided; and
c. The requirements of Chapters 18.18 and 18.21 BIMC are met; and
d. A community center is constructed that is of similar style and quality to the entire development, is no less than 2,000 square feet, provides kitchen facilities, public rest rooms and outside access. The community center is to be used primarily for community functions.
E. Bonus Density to Incentivize Affordable Housing 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.
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.
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. 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. (Ord. 2024-01 § 1, 2024; Ord. 2022-16 § 1, 2022; Ord. 2021-10 § 2, 2021; Ord. 2017-02 § 1, 2017; Ord. 2015-04 § 1, 2015; Ord. 2014-04 § 6 (Exh. 4 § 1), 2014; Ord. 2011-02 § 2 (Exh. A), 2011)
