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92-25 REZONES AND AMENDMENTS TO COMPREHENSIVE PLANRESOLUTION NO. 92- A RESOLUTION of the City of Bainbridge Island, Washington, relating to rezones and Comprehensive Plan amendments, and establishing criteria for the deferral of applications for rezones and amendments to the Comprehensive Plan. WHEREAS, all of Bainbridge Island became one city by annexation on February 28, 1991; and WHEREAS, following the annexation, the City Council and Mayor appointed a Comprehensive Plan Advisory Committee to review the Comprehensive Plans for the entire City and to submit to the City Council its recommendation for a new comprehensive plan for the entire City; and WHEREAS, the Committee is scheduled to complete the draft land use element of the new Comprehensive Plan in September, 1992; and WHEREAS, the Planning Agency and City Council will analyze and review the Committee' s recommendation for the land use element of the new Comprehensive Plan and will adopt a new land use element of the Comprehensive Plan by July 1, 1993, in accordance with the mandate of the Growth Management Act; and WHEREAS, Chapters 18.114 and 18.117 of the Municipal Code authorize the City Council to defer review of applications for rezones and Comprehensive Plan amendments for land that are scheduled for Comprehensive Plan review or that are reasonably likely to receive Comprehensive Plan review within the following year; and WHEREAS, with limited exceptions, deferrat of such applications is necessary to preserve the status quo so that changes made in the new Comprehensive Plan will not have been rendered moot by intervening development activities; and WHEREAS, in order to make fair and equitable deferral decisions, the City Council desires to defer review of such applications for a certain period of time, subject to certain narrow exceptions; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The City Council and City staff shall defer review and processing of applications for rezones and Comprehensive Plan amendments, except as follows: 1. An application is required as a condition of prior City approval; 2. An application is ordered by a court of competent jurisdiction; F:\DMS\RPK\0007447.01 - 1 - 3. An application, in the opinion of the City Council by motion, is required to preserve and maintain the public health, safety and welfare; 4. An application is required for the construction of a governmental facility; or 5. An application involves residential real property of one acre or less and requests only a change in density to that of adjacent properties. Section 2. The policy and criteria of Section 1 shall be applied to all applications for rezones or Comprehensive Plan amendments regardless of when they were filed with the City; provided, that they shall not be applied to any application for which the City Council by motion has already rendered a decision on deferral. Section 3. City staff shall determine whether an application shall be processed or deferred in accordance with the policy and criteria of Section 1. Any questions of City staff regarding application of the policy or criteria shall be brought to the City Council for review and decision. Section 4. The policy and criteria of Section 1 shall be reviewed by the City Council at its first meeting after the Comprehensive Plan Advisory Committee has completed the draft land use element of the new Comprehensive Plan. PASSED by the City Council this 21st day of May, 1992. ATTEST/AUTHENTICATE: APPROVED by the Mayor this 21st day of May, 1992. RALPH W. EELLS, Finance Director FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 92-25 5-21-92 5-21-92