ORD 91-11 DELAY IN ACCEPTANCE OF APPLICATIONSORDINANCE NO. 91--//
AN ORDINANCE of the City of Winslow, Washington,
relating to construction and land use;
establishing a period of delay on the acceptance,
approval and processing of applications for
development and use of land in the territory
annexed to the City of Winslow on February 28,
1991; establishing a penalty for violations of
the period of delay prohibitions; and declaring
an emergency.
WHEREAS, on November 6, 1990 the voters of the
unincorporated territory of Bainbridge Island approved the
annexation of that territory to the City of Winslow; and
WHEREAS, the annexation became effective at 12:01 a.m. on
February 28, 1991; and
WHEREAS, prior to the annexation vote, the City Council
recommended the establishment of a period of delay on
development and use of land in the annexation area following
the effective date of the annexation; and
WHEREAS, due to the size of the annexation area, the City
of Winslow must devote substantial resources and funds to the
development of land use plans and programs for that area; and
WHEREAS, the City Council needs time to become familiar
with the issues and matters relating to land use and zoning in
the annexation area in order to develop amendments to the
City's Comprehensive Plan, Zoning Code and land use ordinances;
and
WHEREAS, the City Council intends to reach decisions on
land use and zoning for the annexation area within the next
several months; and
WHEREAS, pending adoption of amendments to the City's
Comprehensive Plan, Zoning Code and land use ordinances, the
City Council desires to ensure for the annexation area a
suitable and compatible living environment for users and
occupants of land and stability of land use and development;
and
WHEREAS, the City Council finds that protection of the
public health, safety and welfare requires a period of delay on
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development and use of land in the annexation area as described
herein; now, therefore
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council finds that a period of delay
on certain development and use of land in the territory annexed
to the City on February 28, 1991 is necessary (1) to develop
plans and programs to ensure a compatible living environment
for users and occupants of land, (2) to ensure stability of
land use and development, (3) to provide for development of
amendments to the City's Comprehensive Plan, Zoning Code and
land use ordinances and (4) to protect the public health,
safety and welfare.
Section 2. On or before February 28, 1992, the City shall
not accept or process any applications for development and use
of land in the territory annexed to the City on February 28,
1991, including but not limited to building permits, bulkhead
permits, shoreline substantial development permits,
unclassified use permits, clearing and grading permits,
mechanical permits, plumbing permits, conditional use permits,
applications for planned unit developments, applications for
subdivisions (plats), applications for short subdivisions
(short plats), applications for variances, applications for
site plan reviews and applications for rezones, except as
provided in Section 3.
Section 3. During the period of delay authorized in
Section 2, the City shall:
(1) Accept and process all necessary applications for
permits to construct, remodel, repair or expand single-family
residences and associated bulkheads;
(2) Accept and process clearing and grading permit
applications for single-family lots.
(3) Accept and process applications for lot line
adjustments and for all necessary permits to remodel, repair or
expand structures, including bulkheads, other than single-
family residences where the remodeling or expansion does not
increase the existing area of the ground floor (footprint) and
does not increase the total height of the structure to more
than 35 feet;
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(4) Process applications for development and use of
land that were filed with Kitsap County prior to the effective
date of the annexation and that were vested and complete under
Kitsap County ordinances and regulations prior to the effective
date of the annexation;
(5) Accept and process applications for development
and use of land in territory that is included in a petition for
annexation filed with the City on or before July 1, 1990, but
that was not acted upon officially by the City due to the
November, 1990, special election on the proposition of whether
the unincorporated territory of Bainbridge Island should be
annexed to the City of Winslow;
(6) Process requests for final approval of plats and
planned unit developments that received preliminary approval
prior to the effective date of this ordinance;
(7) Accept and process all necessary applications for
permits to develop property having received a site plan
approval;
(8) Accept and process applications for development
and use of land that are required by final court order; and
(9) Accept and process applications for development
and use of land that are necessary to protect the public
health, safety and welfare, as determined by motion of the City
Council.
Section 4. The time period for approvals of or actions to
be taken under applications for development and use of land
shall be tolled during the period of delay authorized by this
ordinance.
Section 5. All applications for development and use of
land in the territory annexed to the City on February 28, 1991,
that are filed with Kitsap County prior to the effective date
of the annexation shall be processed by the City in accordance
with the restrictions and authorizations of Sections 2 and 3
and all applicable City ordinances.
Section 6. Where acceptance and
application for development and use of
Sections 2 and 3, the City will accept in
application a "notice of intent to
decision". The Land Use Administrator
directed to prepare a form of such notice
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processing of an
land is prohibited by
place of such an
apply for land use
is authorized and
and to determine the
information to be included in and the documentation to be
submitted with such notice. The City shall give each such
notice a number in the order received. A person filing such a
notice shall perfect the notice by filing a complete
application with the City during the 60 calendar days before
expiration of the period of delay authorized by this
ordinance. A completed application filed pursuant to such
notice and within the 60 -day period shall be processed after
expiration of the period of delay authorized by this ordinance
in the order given to such notice. Work on all such completed
applications shall be initiated before all unperfected
applications.
Section 7. Pursuant to Chapter 16.04 of the Winslow
Municipal Code, the City Council finds that an exemption under
SEPA for this action is necessary to prevent an imminent threat
to public health and safety and to prevent an imminent threat
of serious environmental degradation. SEPA review of
amendments to the City's Comprehensive Plan, Zoning Code and
land use ordinances shall be conducted in accordance with SEPA
and applicable law.
Section 8. Chapter 18.108 of the Winslow Municipal Code
shall apply to all violations of the provisions of this
ordinance.
Section 9. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this
ordinance, or the invalidity of the application thereof to any
person or circumstance, shall not affect the validity of the
remainder of this ordinance, or the validity of its application
to other persons or circumstances.
Section 10. This ordinance, adopted by a majority plus one
of the membership of the City Council, is a public emergency
ordinance necessary for the protection of public health,
safety, property and peace, and shall take effect and be in
force immediately upon its passage.
PASSED by the City Council this 28th day of February, 1991.
APPROVED by the Mayor this 28th day of February, 1991.
Sam J granato, Mayor
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ATTEST/AUTHENTICATE:
Donna -Jeo pdxfon, Cler -
Treasure
APPROVED AS TO FORM:
j
od P. Kase ma, City Attorney
FILED WITH THE CITY CLERK: a-' - % /
PASSED BY THE CITY COUNCIL:
PUBLISHED: 3-6-c1 /
POSTED: 3 -(o - q /
EFFECTIVE DATE: 3 -If-
ORDINANCE NO.: 9/-//
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