ORD 95-17 COMPREHENSIVE PLANORDINANCE NO. 95-17
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to amendments to the City's Comprehensive Plan
amending Chapter 18.117 of the Bainbridge Island Municipal
Code.
WHEREAS, the City of Bainbridge Island recently adopted a Comprehensive Plan
(Ordinance No. 94-21), and
WHEREAS, the City Council wishes to adopt procedures for amending the
Comprehensive Plan that are consistent with the requirements for amendment prescribed by the
Growth Management Act, RCW 36.70A;
NOW, THERF~FORE, the City Council of the City of Bainbridge Island, Washington,
do ordain as follows:
Section 1. Chapter 18.117 of the Bainbridge Island Municipal Code is amended as
follows:
18.117.010 Purpose.
This chapter establishes a two phase process and criteria for changing the comprehensive
plan text and/or the comprehensive plan map. Amendments may, for example, propose new
or amend existing sections, elements, appendices, goals or policies of the plan; be site specific;
correct errors; edit language or change the map. Except in the event of an emergency, as
determined by the City Council by resolution, plan amendments will be considered only once
in a calendar year so that the cumulative effects of all proposed amendments can be analyzed
for consistency and the overall effect on the remainder of the comprehensive plan. All plan
amendments will follow the requirements for public participation in accordance with RCW
36.70A. 140.
Phase I - Selection of Amendments to be Considered
18.117.020 Who may propose an amendment.
Anyone.
18.117.030 When to propose an amendment.
Proposed amendments shall be submitted between May 1 and August 15 in 1995, and
between May 1 and June 30 for all subsequent years.
18.117.040 How to propose an amendment.
A proposed amendment must be submitted in writing to the City Department of Planning
and Community Development. Proposed amendments shall consist of at least the following
information: 1) reference to the elements(s) of the comprehensive plan that is proposed for
amendment, 2) proposed amendatory language, preferably shown in a
legislative (~!~) format (new language underlined; language proposed for deletion
in sti4heout), and 3) an explanation of why the amendment is being proposed.
18.117.050. Selection of Amendments to be Considered.
A. Planning Commission Selection Process. The City Department of Planning
and Community Development will submit all proposed amendments received during the
period specified in Section 18.117.030 to the Planning Commission. The Planning
Commission shall recommend to the City Council which proposed amendments should
be considered for further review that year. The Planning Commission may modify a
proposed amendment during the selection process. Depending upon the number and
nature of proposed amendments, the Planning Commission may hold a public hearing
before it decides which proposed amendments should be recommended for consideration
that year. Notice of the hearing shall be given by publication in the City's official
newspaper a minimum of fifteen days before the scheduled heating.
B. Selection Criteria. The Planning Commission will recommend to the City
Council which proposed amendments should be considered for further review based on
the following criteria:
1. Consideration of the previous record if the amendment was reviewed
and denied during a previous comprehensive plan review; and
2. The proposed amendment advances goals and policies of the
Comprehensive plan; and
3. The proposed amendment is consistent with the goals and regulations
of the Growth Management Act; and
4. The relationship of the proposed amendment to other City codes and
regulations; and
5. The cumulative effects of all requests for plan amendments.
C. Schedule. After selection of the proposed amendments to be considered, the
Planning Commission will recommend a schedule to the City Council that identifies
timelines for plan amendment tasks and a schedule and procedures for public
participation in accordance with RCW 36.70A. 140.
D. City Council Decision. Based on recommendations from the Planning
Commission, the Council will identify those proposed amendments it will consider for
adoption in that year's adoption process and will establish a plan amendment schedule.
The Council may modify a proposed amendment during the selection process. The
Council's decision to consider a proposed amendment does not constitute a decision or
recommendation that the proposed amendment should be adopted nor does it preclude
later Council action to add, delete, or modify the amendment.
Phase II - Review and Actions for Selected Amendments
18.117.060. Review of Selected Amendments.
A. Written Analysis. For each proposed amendment that the Council approves
for consideration, the Lead Department, as determined by the Mayor, will prepare a
written analysis for the Planning Commission. The analysis will be accompanied by a
recommendation that the proposed amendment be approve, d, denied, or changed and
approved.
B. SEPA Review. The City is responsible for conducting and paying for SEPA
review for the proposed amendment, including the preparation of an environmental
impact statement, if necessary. SEPA review shall be completed before the Lead
Department submits its analysis to the Planning commission.
C. Planning Commission Review. Subsequent to completion of the analysis
prepared by the Lead Department and the SEPA review, if required, the Planning
Commission shall conduct one or more public hearings. The Planning Commission shall
also solicit comments regarding the proposed amendment from the public or from
government agencies in any other manner it determines necessary and appropriate to
the nature ofthe proposed amendment and consistent with RCW36.70A.140. The notice
and public hearing for proposed comprehensive plan amendments may be combined with
any notice or public hearing for proposed amendments to the land use code or for other
actions of the Planning Commission. Written comments may be given by anyone to the
Planning Commission regarding proposed Plan amendments.
D. Review Criteria. By the date established by the Council in Section
18.117.050.D of this ordinance a comprehensive plan amendment may be approved or
approved with modifications:
1. Each amendment:
a. Shall not adversely affect public health, safety, or welfare in
any significant way.
b. Shall be compatible with and advance the guiding principles,
vision, and overall goals and policies of the comprehensive plan.
c. Shall be in compliance with the Growth Management Act and
other State and Federal laws.
d. Must be weighed in light of cumulative effects of other
amendments being considered.
2. In addition to the above mandatory requirements, any proposed
amendment must meet the following criteria unless compelling reasons justify its adoption
without meeting them:
a. Addresses needs or changing circumstances of the City as a
whole.
b. Will not result in development that has significant adverse
effects on community resources, including, but not limited to, water resources, utilities,
transportation, parks or schools.
c. Is consistent with the land uses and growth projections which
were the basis of the comprehensive plan.
d. Is compatible with neighboring land uses and surrounding
neighborhoods, if appropriate.
e. Is consistent with the remaining provisions and overall intent
of the comprehensive plan.
Any compelling reasons relied upon to justify adopting an amendment without
meeting the above criteria must be specified in the ordinance adopting the amendment.
18.117.070. Council Public Hearing and Notice.
The City Council will review the recommendations of the Planning Commission
and may hold a public hearing for the purpose of receiving public comment regarding
the merits of proposed amendments that have been recommended by the Planning
Commission. Notice of the hearing will be given in the same manner as notice of other
City Council hearings pursuant to BIMC 2.16.070. The notice and public hearing for
proposed comprehensive plan amendments may be combined with any notice or public
hearing for proposed amendments to the land use code or for other actions of the City
Council. Written comments may be given by anyone to the City Council regarding
proposed Plan amendments.
18.117.080. Council Action.
Upon receipt of a recommendation from the Planning Commission, the City
Council shall either adopt, adopt as modified by the Council, reject or remand the
proposed amendment to the Planning Commission for further consideration.
18.117.090. Map Revisions.
If the City Council approves a change in a designation, the City Council shall
adopt an ordinance that makes the changes on the official comprehensive plan map, if
appropriate.
18.117.100 Revocation.
The comprehensive plan amendment may be reversed by the City Council outside
the regular amendment period following the procedures in BIMC 2.16.030 upon the
finding of any of the following:
A. The approval was obtained by fraud or other intentional or misleading
representations; or
B. The amendment is being implemented contrary to the intended purpose of the
amendment or other provisions of the comprehensive plan and City ordinances; or
C. The amendment is being implemented in a manner that is detrimental to the
public health, or safety.
18.117.110. Appeals.
Appeal of a City
governed by state law.
Council Decision on a comprehensive plan amendment is
18.117.120. Transmittal to State.
The City Council will transmit a copy of each proposed amendment of the
Comprehensive Plan to the State of Washington Department of Community, Trade and
Economic Development at least sixty days prior to the expected date of final City Council
action on that proposed amendment. The City Council will transmit a copy of all
adopted amendments of the Comprehensive Plan to the Department of Community, Trade
and Economic Development within ten days after adoption by the Council.
Section 2. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the City Council this 15th day of June
APPROVED by the Mayor this 16th day of June
,1995.
,1995.
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
~ialph Eclls, Clcrk Treasurer
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL June 15, 1995
PUBLISHED: June 21, 1995
POSTED: June 21. 1995
EFFECTIVE DATE: June 26, 1995
ORDINANCE NO: 95-17