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RES 99-37 PILOT PUBLIC PARTICIPATION PROGRAM FOR DEVELOPMENT City Council Meeting, December J 5, 1999 RESOLUTION NO. 99-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, 'w ASHINGTO~, APPROVING THE ESTABLISHMENT OF A PILOT PUBLIC PARTICIPATION PROGRAM. -WHEREAS, Framework Goal 7 of the " City ofB.ainbridge Island Comprehensive Plan calls for the development ofa meaningful process for citizen participation; and .W1IEREAS, the Community Relations Committee of the City Council convened a public participation committee composed of citizens, developers and, City staff to study the idea of a public participation program; and WHEREAS~ the public parti~ipation committee have proposed a public participation program (as shown in Attachment 1 to this resolution) that would occur early in the development process in order to inform citizens of projects in their neighborhood, and to 'provide the development community with an awareness of public concerns; and WHEREAS, the City Co.uncil has determined that a public participation program could result in improved communications, better development projects, and a smoother approval process, and . WHEREAS, the City Council has further dete111l:ined that it is in the best interests of the . citizens of the City to establish 'a pilot program which would allow all participants to assess the effectiveness of the proposed public participation program; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE IS'LAND, WASHINGTON, AS FOLLOWS: ' Section 1: The City Council of the City of Bainbridge Islan~, Washington, approves the '.establishment of a voluntary pilot public participation program to begin no later than February 1, .2000, and requests that the Community Relations Committee work with City _ staff and representatives of the public participation committee to implement the pilot pro gram. Section 2: The City will evaluate the pi~ot participation program after.a s.ix-month period. This review will commence on approximately August 1, 2000. Upon completion of the review, the City Council will determine whether to establi~h a permanent public participation pro~ram. Section 3: Ifno applicant for a development project volunteers to participate in the pilot program during the first six months, the program will be extended for another six months, with a review com~encing thereafter. PASSED BY the City Council this 22nd day ofDe~ember, 1999. APPROVED by the Mayor this 27th day of December, 1999. A TTESTI AUTHENTICATE: L. (?~~ !SUSAN P. KASPER, City C16rk FILED WITH THE CITY CLERK: December 10,1999 PASSED BY THE CITY COUNCIL: December 22,1999 RESOLUTION NO. 99..37 ~; -~. : ~ :': . f . City of Bainbridge Island . PLANNING AND COMMUNITY DEVELOPMENT TO: City Council FROM: Kathy Cook DATE: RE: December 15, 1999 COUNCIL MEETIN'G ON DECEMBE~ 15, 1999-RESOLUTION 99-37, . ESTABLISHING A PILOT PUBLIC PARTICIPATION PROGRAM The City C.ouncil is scheduled to consider Resolution 99-~,7 at tonight's Council Meeting~ A copy of Resolution 99-37 was sent to. you last week, along with a proposal for a pilot public participation.. program~ ' Since that packet was sent to you, the Current Planning staffhas raised some concerns about the language on p3ge 2 of the proposal. The original language states that' staff will be available at public participation meetings to answer. speciflc questions about development regulations, SEP A, etc. .Staff'was 'conc~med that this could be interpreted to. mean that planning staff would give instant, binding decisions and interpretations on complex code requirements. Therefore, staff is p'roposiitg the new language shown on page 2 of the proposal. Thank yo~~ For Council Meeting, December 15, /999 PROPOSAL FOR A PUBLIC PARTICIPATION PROGRAM Introduction Public participation early in the development process informs citizens of projects in their neighborhood, and provides the opportunity for them to express their views~. It gives the developer an awareness of public concerns, and the opportunity to design a project that addresses those concerns. Recent developm~nt projects on Bainbridge Island h~ve confirmed that good communication between the developer, the neighborhood and the City early in the process can lead to more harmonious relations, a better deve19pment project and a smoother approval process. Providing the opportunity for public participation is especially important now, as Bainbridge Island experiences a marked increase in development. Therefore, the Community Relations " Committee of the City Council convened a group of citizens, developers and staff to explore the idea of a public participation program. The public participation committee looked at examples of similar programs in other communities, and drew upon their own understanding of Bainbridge Island with the goal of developing a program that would benefit the developer, the neighborhood and the City. . Guidin!! Principles The public participation committee started by considering what a public participation program should achieve. The group agreed that the program should work toward the following goals and benefits : . The program should provide the public with accurate and timely information about . development projects that may affect their neighborhood~ . ~e program should provide the opportunity for early, effective and informed public participation regarding development applications. This will allow the neighborhood to identify issues that concern them,. and allow the developer the opportunity to understand and ifpossible, seek ways to address the concerns of the neighborhood. " . The program should be designed to be of mutual benefit to the neighborhood, the developer and the City. Residents receive the benefit of having more input on issues that will affect their neighborhood. By addressing these issues early in the development process, the developer receives the benefit of fewer problems and delays later in the process. The City benefits because identifying issues and resolving them ifpossible could reduce the amount of time required of the Planning Commission, City Council and/or Hearing Examiner~ . The program should provide educational opportunities for the public to learn about City development regulations and thei.f relationship to the Comprehensive Plan~ A public participation program will be effective only if the public has a clear understanding of the major features. of the Comprehensive Plan, what is allowed by code, and what is' discretionary ~ . . The program should improve communication between the development community, citizens, City staff and elected officials. This will help defuse potentially adyersarial relationships, and increase trust. It will also help City staff and officials keep abreast of existing and emerging community concems~ . The program should be kept as simple and clear as possible, and easily accessible to both the developer snd the public. The program. should have a definite time period and should not delay the development process. In considering the purpose of the public participation program, the committee also discussed what the program is not intended to do. The expectation is not that the public participation program .r I .~~ I. r~~.. ~ Por Council Meeting, December 15, 1999 will produce complete consensus on all applications, but that it will encourage applicants to be good neighbors and allow for informed decision making. . The program is not intended to create another approval process.. The program is not intended to simulate a pre-application conference, in which the technical details of a proposed project are reviewed. Meetings between the developer and the neighborhood are .not "hearings," but discussions to identify any issues that need to be resolved.. Any modifications which the developer might make to his project would be voluntary, not required.. Format The public participation program would, typically consist of one meeting between the developer and the neighborhood, early in the development application process. A trained facilitator would be available to establish the ground rules and guide the meeting. Depending on the specifics of the development project, the applicant could choose to hold the meeting shortly before or after the pre-application conference. Ifpossible, meetings would be held in an appropriate facility in the vicinity of the proposed project The developer and the City would work together to schedule the meeting with the neighborhood. Noticing.should include: . Property owners within the public hearing notice area.as specified by code requirements. . Any homeowner's association in the immediate vicinity. . The Planning Department's mailing list of Island cOffi.ffiunity associations. . Listing on the City web site. .At the meeting, the developer would make a brief presentation on the proposed project.. 'This presentation wo~ld be conceptual in nature, rather than technical. Community members could then ask questions, identify areas of conce~ and work with the developer on alternative approaches. As stated earlier, the purpose of the meeting is to define and discuss the issues. No vote would be taken, nor would any fo~al recommendation be made. City .staff ".'f,ttluld attend the meetings te serve as Q resouroe on ,Comprehensive 'Plan policies, code "requirements, ,SEP~^.. Rna ethor issues~ City staff would attend the. meetings to answer questions about the development application nrocess. Starr-could also orovide g:eneral infortnation about City o.olicies and regulations~ with the express understandin~ that any ooinions given would not be binding. It mu~t be clear that staff would not be attending the meetin~ in a decision-makinl! role. The comolexity of many .code ref!Ulations makes ifimpossible to orovide an instant . interpretation. Additionally.. applications are often modifie.d durin2 the develonment.nrocess.. or codes may be chan~ed.. ' Upon completion of the meeting, a brief written report would be prepared. The report would include the dates and location of the neighborhood meetings, who was invited to the meeting, and pow many people attended. The report would summarize the issues and concerns that were expressed at the meeting, and whether any resolution was reached. This report would be submitted to the Planning Department and attached to the staff report which goes to the 'Planning Commission, Hearing Examiner and/or City Council. It is expected that the staffreport and any recommendation by the Planning Commission and/or Hearing Examirier would also include a ' discussion of the issues raised at the public participation meeting. The format for the report is .attached. 2 . + t' For Council Meeting, December 15,1999 Establishing a Pilot Proe:ram \ The.Community.Relations Committee recommends testing the public participation program on a pilot basis. This will allow all of the participants to identify which components of the proposed program work and which' need to be adjusted. The pilot program would begin in early 2000, and would last a minimum of six months. During this time, the proposed public participation program would be applied on a voluntary basis to several development projects, such as subdivisions or site plan reviews. At.the end of six months, the City Will evaluate the pilot program, and "decide whether to establish a permanent, mandatory public participation program. Because participation in the pilot program is voluntary, there is the possibility that no developers will step forward within the first six month period. In that case, the pilot program should be extended for another six months. . , When Should the PubUc Participation Pr.oeram be Used. The Committee suggested that the following land use applications should be considered for the public participation" .program, with the understanding that the list could be modified with,the benefit of experience: . . Subdivisions' . Shoreline CUPs . Site plan reviews. for larger projects. 3