CHAPTER 3

ZONING and DEVELOPMENT REGULATIONS

3.1 Historic Zoning – Pre-1998 Comprehensive Plan

The historic section of Illahee was platted in 1916 as a walking/pedestrian community because it was accessible only by boats that stopped at the Illahee Community Dock. The area was advertised as a summer cottage community with most residents coming from Seattle. The platted lots were 40 feet wide by 100 feet in depth, and many residents combined lots even in those early years. This represents the first attempt by the residents of the historic section of Illahee to zone its properties and control land use decisions.

Subsequently, Illahee became a residential community once road access to the area was established, and the small platted lots were then aggregated to provide enough room for a residential house and a drain field. Most of the lots established during this residential period were double lots or larger. Later, land use regulations eventually set minimum size standards through the zoning regulations that are noted below.

In later years and before the development of the 1998 Comprehensive Plan, the majority of properties within the Illahee community were assigned a Semi-Rural zoning designation. The Semi-Rural residential goal was “To encourage quality residential development within the allowed density level, which preserves the semi-rural character of the area.”

The official Kitsap County policy statement read: “Maximum allowable density for Semi-Rural areas should be three (3) units per acre.” The zoning ordinance goes on to note: “… these areas do not have sewers, and care must be taken to assure that only areas which can safely handle three septic tanks on an acre are built at the maximum density.” It goes on further to state:

It is expected that most development in Semi-Rural areas will be at two units per acre. The Planned Unit Development process will allow builders to design developments which are more tailored to the site, more likely to preserve open space, and more likely to protect the Semi-Rural area’s special character.

There were four building zoning designations: Residential R-2 (2 homes per acre) for portions of the area east of Sunset, Residential R-3 (3 homes per acre) for the bulk of the area, Residential R-5 (5 homes per acre) for the area south of Sylvan Way, and Business General (BG) for the area along the Wheaton Way corridor. The densities and minimum lot sizes are shown in Table 3.1.

Table 3.1 Historic Zoning Densities and Lot Sizes
Zone	Maximum Density	Minimum Lot Size
Residential R-2	2 Dwelling Units/1 Acre	~0.50 acre (20,000 sq. ft.)
Residential R-3	3 Dwelling Units/1 Acre	~0.33 acre (12,500 sq. ft.)
Residential R-5	5 Dwelling Units/1 Acre	~0.20 acre (7,000 sq. ft.)
Business General BG	NA	NA

With the exception of some early summer cottage homes in historic Illahee, the Illahee community was semi-rural by land use decisions for the next approximately 70 years, and was approaching near build-out conditions prior to the 1998 Comprehensive Plan. The area has clearly been planned with an emphasis to “preserve open space” and to “protect the Semi-Rural area’s special character,” as noted in the policy statement referenced above.

3.2 1998 Comprehensive Plan Zoning

With the advent of the 1998 Comprehensive Plan, properties within the Illahee community were assigned urban zoning designations. These urban designations were Urban Low Density (5-9 homes per acre) and Urban Restricted (1-5 homes per acre) for the areas along Illahee Creek. Along the Wheaton Way corridor a commercial zoning designation continued. The densities and minimum lot sizes of these designations are shown in Table 3.2.

Table 3.2 1998 Comprehensive Plan Zoning Densities and Lot Sizes
Zone	Density	Minimum Lot Size
Urban Restricted	1-5 Dwelling Units/1 Acre	~0.20 acre (7,000 sq. ft.)
Urban Low Residential	5-9 Dwelling Units/1 Acre	~0.11 acre (4,840 sq. ft.)
Urban Medium Residential	10-18 Dwelling Units/1 Acre	~0.06 acre (2,420 sq. ft.)
Urban Commercial	N/A	N/A
Neighborhood Commercial	N/A	N/A

The replacement of the semi-rural zoning classifications with urban zoning designations reflected the general consensus by planners that, someday in the future, the entire area from Bremerton to the projected City of Silverdale would all eventually be designated “city” and, therefore, should have the commensurate urban zoning. The thinking seemed to be that the zoning needed to reflect an urban area extending between two cities. This “blanket zoning” or “broad brush” thinking at the time failed to consider the unique open space and historic community of Illahee.

3.3 Residential Zoning

The Illahee community has designated three community residential designations to replace the existing zoning designations (Figure 3.1). The new zoning titles are “Illahee Community Restricted Residential,” or ICRR, “Illahee Community Low Residential,” or ICLR, and “Illahee Community Medium Residential,” or ICMR (Table 3.3).

Table 3.3 Illahee Community Residential Zoning Densities and Lot Sizes
Zone	Maximum Density	Minimum Lot Size
Illahee Community Restricted Residential (ICRR 1-4)	4 Dwelling Units/1 Acre	~0.25 acre (10,890 sq. ft.)
Illahee Community Low Residential (ICLR 5-9)	9 Dwelling Units/1 Acre	~0.11 acre (4,840 sq. ft.)
Illahee Community Medium Residential (ICMR 10-18)	18 Dwelling Units/1 Acre	~0.06 acre (2,420 sq. ft.)

Illahee Community Restricted Residential (ICRR)

This designation is applied to areas between the Cheney Estates at the southern-most end of the Illahee community, extending through historic Illahee, along the water to the University Point area, and extending inland west to encompass the bulk of the Illahee Creek watershed.

The “restricted” nomenclature used for this zoning density reflects the natural features in the area that generally limit or “restrict” higher density development. The limiting natural features include saltwater shorelines, streams, aquifer recharge areas, and geologically hazardous areas. Each of these natural features is discussed in more detail in Chapter 4, “Natural Systems.”

The “restricted residential” zoning for Illahee was essentially established as part of the 2006 Comprehensive Plan Update, except for the shoreline area north of historic Illahee.

Illahee Community Restricted Residential (ICRR) and Rural Shorelines

The Illahee community requested the saltwater shoreline area, extending along the steep, geologically hazardous banks in North Illahee (the area north of historic Illahee), be designated as Restricted Residential. This did not happen in 2006, primarily because no clear boundary areas could be agreed upon by the county planners and community. A newly-established boundary delineation, which would utilize a nominal setback distance of 250 feet from the mean high tide mark, allows a degree of protection for the natural steep bank features along that stretch of the Illahee rural shoreline. It is surmised that trees along the geologically hazardous banks are less likely to be removed with a lower zoning density, thereby allowing the trees to help stabilize and protect the bank and, at the same time, support near-shore terrestrial animals and near-shore birds that use the trees such as great blue herons, bald eagles, and kingfishers.

Figure 3.1 Illahee Community Residential Zoning Designations

Illahee Community Low Residential (ICLR)

This designation applies to the areas in North Illahee, essentially on the north side of McWilliams Road to the northern-most boundary of the Illahee community, with the exception of the shoreline area noted above.

The Illahee Community Low Residential designation generally matches the previous Urban Low designation assigned as part of the 1998 Comprehensive Plan, with the noted shoreline area exception and, therefore, results in only a minor name change for this area.

Illahee Community Medium Residential (ICMR)

The Illahee Community Medium Residential designation applies to a relatively small section of Illahee on the east side of Trenton Avenue between 30^th Street and Sylvan Way.

During zoning deliberations in 2006, Kitsap County planners, in consultation with the city of Bremerton, recommended this area for an Urban Medium designation. Members of the CAG surveyed area landowners with regard to the zoning densities desired, and the landowners most affected were satisfied with the higher densities. The Urban Medium zoning was, therefore, not questioned, and the higher zoning densities were approved with the adoption of the 2006 Comprehensive Plan Update.

3.4 Commercial Zoning

Illahee Community Mixed (ICM)

This designation is applied to areas where mixed, high density residential and commercial development has occurred and/or where future development is acceptable. The mixed uses in this zone are of medium to high intensity and are consistent with the Commercial (C) and higher density residential land use designations in the Comprehensive Plan (Table 3.4).

Table 3.4 Illahee Community Mixed Zoning
Zone	Maximum Density	Minimum Lot Size
Illahee Community Mixed (ICM)	NA	NA

To encourage multi-story, mixed-use development, the height restriction on commercial or mixed-use properties within this zone was not set to encourage higher densities per acre of land. The parcels next to the Illahee Preserve lend themselves to high-rise construction for affordable housing units targeted for low income or senior housing. There are no views to block to the east along the three-quarter mile strip, and the views to the west would be magnificent. There also would be ready access to the active use areas and trails in the Illahee Preserve.

To accommodate properties in this zone with existing residential-only uses, such properties will be allowed to rebuild, remodel, or add-on.

Illahee Community "Home Business" Commercial

Three home business permits have been issued by Kitsap County for commercial types of businesses in Illahee: Cooleen Gardens, Illahee Store (currently not operating), and Illahee Manor Bed and Breakfast. Because these businesses are located within residential areas, the residential zoning applications are applicable for "home business" commercial businesses.

3.5 Residential Lots

Lot Sizes

There are no standard or uniform lot sizes in the greater Illahee area, except for some in the original platted area of historic Illahee and individual subdivisions. In the area west of the Illahee Community Dock, an area where the original platting of parcels has been most dense, purchases often involved multiples of the smaller platted lots. This has resulted in varying sized lots, with the smallest averaging approximately 0.25 acres (10,890 square feet) and the larger lots approaching or exceeding one acre. A number of farms are located on larger sized plots within the area, with the largest at approximately 30 acres.

The current minimum lot size requirement for areas without sewers is 12,500 square feet (or approximately one-third of an acre), which provides sufficient area for a primary and reserve drain field. The majority of build-out lots within the historic Illahee area are in the general range from one-quarter acre to one-half acre and average out to approximately one-third acre.

The current minimum lot size requirement for areas with sewers is 10,890 square feet (or one-quarter acre) for Illahee Community Restricted Residential (ICRR), and 4,840 square feet (or one-ninth of an acre) for Illahee Community Low Residential (ICLR).

Nonconforming Lots

Lots currently exist within the Illahee community that do not meet the minimum requirements of these residential zones. These lots are considered nonconforming and are addressed as follows:

Nonconforming Lots in Single Ownership. If a single lot of record, legally created before the adoption of the Illahee Community Plan, is less than 12,500 square feet in size or does not meet dimensional requirements of its zone, said lot may be occupied by any use permitted within its zone -- subject to all other requirements of this Plan.

Nonconforming Lots in Common Ownership. If there are contiguous lots of record held in common ownership, each legally created before adoption of the Illahee Community Plan, and one or more of these lots is less than 12,500 square feet in size in areas without sewers or does not meet the dimensional requirements of its zone in areas with sewers, said lots shall be combined to meet these minimum lot requirements. After the adoption of this Plan, lots sold and taken out of common ownership will not be eligible for the single ownership regulations of this Plan.

3.6 View Protection

One of Illahee’s unique features is its expansive views of many scenic areas. From many properties in Illahee, views of Mount Rainier, the Cascade Mountain Range, Bainbridge Island, Puget Sound, and the Seattle skyline are clearly visible. These views are of great value and importance to the Illahee community. These views have been impacted over the years by new building construction and the growth of view-obstructing vegetation. In an effort to reduce the future impacts of these obstructions, the Plan proposes regulations restricting the height of new residential construction and restricting the planting of row trees and other vegetation in ways that would significantly impact existing views.

View Protection Overlay Zone

Within the Illahee community boundary, a View Protection Overlay Zone (VPOZ) would be established. Contained within this Zone are all east sloped properties between the water and the north-south ridge (Figure 3.2). The following regulations will only apply to the properties located within the VPOZ.

Height Restrictions

Many lots in Kitsap County have had their views significantly impacted by construction built to the county’s existing 35-foot height restriction. These impacts have been exacerbated by property owners building at their properties’ highest points. Adjacent neighbors have had their views blocked, often in their entirety, by this kind of construction. This Plan would impose a lower height restriction for view properties in Illahee while encouraging property owners to build as far down their slope as possible.

The maximum height of all new construction in the View Protection Overlay Zone (VPOZ) would be reduced from 35 feet to 28 feet, measured from the mid-slope point of the property’s buildable area to the highest point of the structure. This restriction would apply to new construction as well as additions and remodels to existing structures.

The further property owners build down the slope, the higher their structures can be while maintaining the 28-foot restriction. The opposite is also true; the further upslope property owners build, the lower their structures must be to meet the restriction.

Figure 3.2 View Protection Overlay Zone (VPOZ)

Exemptions from the 28-foot height restriction would be:

a. There is no existing view of Seattle, Bainbridge Island, the Cascades, Mount Rainier, or Puget Sound.

b. The owners of all nearby properties affected by a potential view blockage approve of a higher height.

c. It can be shown the structure will not cause blockage of views.

While this regulation will not remove all instances of new structures blocking existing views, it will reduce their frequency.

Vegetation Restrictions

While new construction usually impacts only adjacent properties, the impacts of certain kinds of vegetation are often much greater. Many trees and large shrubs can grow significantly higher, blocking the views of numerous property owners upslope. The impact is heightened when these trees and shrubs are planted in rows. However, while these trees obstruct views, they also provide significant wildlife habitat and reduce storm water volumes.

To balance these issues, the Plan sets a vegetation restriction on row trees and shrubs. After the adoption of the Plan, newly planted row trees (three or more) and shrubbery such as hedges may not be maintained in a way that significantly impacts existing views from neighboring properties. All existing vegetation is exempt from this restriction.

While this regulation will not remove all instances of new vegetation blocking existing views, it will reduce their frequency.

3.7 Community Character

The Growth Management Act allows unique communities to establish themselves in part to help them maintain their unique local community character. Along with the natural views of this area, the citizens of Illahee want to protect the visual environment in all respects including construction. These views contribute to the character and feel of the overall area and also the relationships neighbors have with each other. To ensure community character is maintained, new construction should be consistent with the small town charm and character of Illahee.

3.8 Low Impact Development (LID) Applications

Illahee citizens have expressed concerns regarding problems with storm water discharges. For nearly 40 years, unrestrained storm water has scoured Illahee Creek and deposited sediment into Port Orchard Bay that is visible for miles. Residents have lived with this problem for many years and have supported efforts to work to control the devastating storm surges.

More recently, citizens have expressed concerns about a noticeable decline in the marine life near the Illahee Community Dock since a storm water outfall was placed at the base of the dock in 1996.

Residents have further expressed concerns regarding the low base flow in Illahee Creek. In 2005, the Port of Illahee funded a base flow study, which documented the fact that Illahee Creek was fed by a series of springs and seeps coming from the hillsides alongside the stream. The study further noted that removal of the infiltrating water from the areas above the stream could result in a base flow reduction of up to 20 percent in Illahee Creek. Such a drastic reduction in base flow could mean the inability of the stream to continue to support salmon and trout.

Illahee citizens then funded another study to further understand the issues and effects of development along Illahee Creek with respect to ground water and storm water. The study, “Storm Water Effects in Illahee Creek Watershed,” by Joel Massmann, a noted hydrologist, pointed out the following:

Precipitation is the source of almost all ground water on both the Manette and Kitsap Peninsulas. A fraction of the annual precipitation percolates vertically through the ground beneath the root zones of plants and recharges the ground water system at the water table. The amount of recharge varies areally as a function of precipitation rate, vegetation type, land use, land slope, soil type, and near-surface geology. Bidlake and Payne (2001) estimated that the long-term, average ground water recharge from precipitation ranges from 1 to 21 in/yr, and that most of the area receives recharge ranging from 8 to 10 in/yr.

The study reported that decreasing forest and vegetation cover results in decreased ground water recharge, as does increasing the amount of impervious surface. The study also noted that removing storm water from the area reduces ground water recharge. Further, the report stated that the shallow aquifer that is recharged by precipitation is in hydraulic continuity with the deep water aquifers in the area, and that pumping from the deep aquifers reduces the amount of ground water discharge to springs, seeps, and Illahee Creek.

Illahee citizens are looking at the claims by the Kitsap County Homebuilders Association, local municipalities, and state agencies that storm water problems may be resolved or greatly diminished by the adoption of Low Impact Development (LID) applications. It appears to the Illahee citizens who have followed LID studies that the infiltrating of storm water back into the aquifers in Illahee may be the solution that is needed to correct many of the problems Illahee has faced and will likely be facing in the future. If Illahee Creek can be saved as a salmon and trout stream and the harmful effects of storm water outfalls can be prevented from entering Puget Sound waters by simply adopting Low Impact Development standards, then the citizens of Illahee and the surrounding areas benefit. It is, therefore, recommended that Low Impact Development applications and standards be adopted for the Illahee community.

3.9 Goals and Policies

Goal 3.3 Provide zoning that is consistent with Illahee’s historic past and existing built environment and establish lot sizes that correspond with community infill densities.

Goal 3.4 Promote the establishment of an Illahee Community Mixed Zone.

Policy 3.4-1 Use this zoning designation to promote high density housing for low income residents or senior citizens in places where sewers and transportation infrastructure already exist and where available active use open space or parks are nearby.

Policy 3.4-2 Use this zoning designation to promote high-rise housing complexes that don’t impact views.

Policy 3.4-3 Use this zoning designation to promote high density commercial uses.

Goal 3.6 Protect Illahee’s existing views of Mount Rainier, the Cascade Mountain Range, Bainbridge Island, Puget Sound, and the Seattle skyline.

Policy 3.6-1 Encourage development that creates the least impact to existing views.

Policy 3.6-2 Establish a View Protection Overlay Zone for the Illahee community.

Goal 3.7 Protect and enhance Illahee’s unique character and small town charm.

Policy 3.7 New construction should be consistent with the small town charm and character of Illahee.

Goal 3.8 Promote and encourage the use of Low Impact Development (LID) applications.

Policy 3.8-1 Utilize LID applications such as infiltration of storm water to help resolve the storm water surge problems that plague Illahee Creek and Port Orchard Bay.

Policy 3.8-2 Determine if LID applications can be retrofitted to help resolve the storm water outfall problems that have resulted in the decline of marine life at the Illahee Community Dock.

Policy 3.8-3 Determine what LID applications can be used with proposed new construction in the area to help minimize the loss of aquifer recharge waters that are needed to maintain an acceptable level of the low base flow in Illahee Creek.

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