ORD 78-12 MORATORIUM OF BUILDING PERMITSWINSLOW ORDINANCE 78-12
AN ORDINANCE ESTABLISI!ING A MORATORIUM ON THE ISSUANCE
OF CERTAIN RESIDENTIAL BUILDING PERMITS AND THE ALLOWANCE OF
CERTAIN SHORT PLATS, SUBDIVISIONS AND RESIDENTIAL PLANNED UNIT
DEVELOPMENTS WITHIN THE CITY OF WINSLOW UNTIL DECEMBER 31,
1978, AND PROVIDING FOR A VARIANCE PROCEDURE TO PREVENT UNDUE
HARDSHIP.
The City Council of the City of Winslow finds as follows:
I. There is not now available within the City of
Winslow sufficient water to accommodate the require-
ments of all existing and contemplated dwelling
units within the City limits.
II. Although a new water source has been developed,
the Fletcher Bay well, water from the well is not
yet coming into the City; and it is not known when
water from the well will actually increase the
City water supply.
III. Furthermore, water from the described Fletcher Bay
well is expected to be used to serve the needs of
all of Bainbridge Island, so that some question
exists as to what percentage of increase to its
water supply the City can expect from the operation
of the Fletcher Bay well.
IV. Similarly, there are not yet in operation sufficient
sewage treatment facilities to accommodate, within
the limits and tolerances of acceptable treatment
practices, all of the existing and contemplated
dwelling units within the City.
VI.
VII.
VIII.
IX.
XI.
In particular, certain local improvement districts
formulated with respect to the sewage treatment
facility have not been completed, and the new
sewage treatment plant, itself, is not yet function-
ing. It is anticipated that the new sewage treatment
plant will not begin functioning before July,
1978, and that the whole sewerage system will not
be in operation before October, 1978.
Proposed plans for approximately 850 new living
units have been submitted to the City of Winslow.
At an average occupancy rate of 2.4 to 3.4 persons
per living unit the projected population increase
to the City of Winslow attributable to these
proposed units would be from 2,040 to 2,890 persons.
Such an increase in population would more than
double the existing 1,954 population of the City
of Winslow.
In addition to the water and sewer service problems
described above, current supportive services of
the City of Winslow such as police and fire protection,
schools and parks are not adequate to serve immediately
such an increase in population.
In addition, levels of city streets, arterials and
main collectors within the City of Winslow are not
adequate to serve immediately such an increase in
population.
The City of Winslow is currently in the process of
re-evaluating and amending its current zoning code
in an effort to bring the provisions of its zoning
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XII.
XIII.
XIV.
ordinance into conformity with its comprehensive
plan and to create a tangible system for absorbing
substantial anticipated growth in population in a
manner that will least disturb the present "small
community" character of the City of Winslow, will
provide for the most effective use and economically
feasible expansion of existing City services, and
will result in the least possible degredation of
the environment as it presently exists in the City
of Winslow.
It is contemplated that final adoption of such
amendments to the zoning ordinance will occur by
December 31, 1978.
Ongoing construction of new dwelling units under
the provisions of the existing zoning ordinance
will seriously impair the ability of the City to
achieve through comprehensive zoning amendments a
reasonable solution to the environmental, economic
and other impacts to Winslow which will result
from the anticipated population growth.
Consequently, to preserve the Health, Safety and
Welfare of the City of Winslow and ensure the
opportunity to fulfill the responsibilities imposed
upon the City pursuant to the State Environmental
POlicy Act, it is necessary for the City of Winslow
to impose a temporary moratorium on the issuance
of any further residential building permits and
the allowance of any further short plats, subdivisions
and residential planned unit developments other
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4. EFFECTIVE DATE. This ordinance shall take effect
immediately upon its adoption and shall be posted
in the manner required by law.
5. ~RGER. In the event any article, section or
provision of this ordinance is held invalid, all
other provisions shall remain in full force and
effect.
Passed by the City Council of the City of Winslow on
this _ ,~'~ day of June, 1978.
Alice Ta sey, Mayor City of Winslow
ATTEST:
No~a~
Clerk Treasurer
Approved as to form:
Robert W. McKisson
of Beresford, Booth, Lehne,
McKisson and Baronsky
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VARIANCE PROCEDURES. All petitions for variances
from the provisions of this ordinance shall be filed
with the City on forms provided and transmitted to
the Planning Agency for review and recoa.u~endation.
Within thirty days after receipt thereof, the Planning
Agency shall prepare a formal recommendation on the
petition and refer the matter to the Hearing Examiner
for a public hearing. Upon completion of the public
hearing, the Hearing Examiner shall make findings,
conclusions and a decision on the petition. Any
decision of the Hearing Examiner shall be final unless
within ten (10) days after filing of said decision, the
decision is appealed to the City Council. Upon the
filing of any notice of appeal, the decision of the
Hearing Examiner, together with the conmlete record
thereof, shall be transmitted to the City Council which
shall at a Dublic meeting, either regularly scheduled or
specially called, within thirty (30) days after filing
of the Notice of Appeal, review the decision of the
Hearing Examiner. The City Council may affirm, disaffirm
or refer back for further proceedings any decision of the
Hearing Examiner. Any decision of the City Council shall
be final unless an adverse party, within ten (10) days
after such decision is made, makes application to the
Superior Court for Kitsap County for writ of certiorari,
a writ of prohibition, or a writ of mandamuso
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than in accordance with the provisions set forth
in this ordinance.
XV. This ordinance constitutes an emergency ordinance
necessary for the Dreservation of public health,
safety, property and peace.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WINSLOW
DO ORDAIN AS FOLLOWS:
1. MORATORIUM and DATE OF EXPIRATION. There is hereby
imposed a moratorium on the issuance of any residential
building permits and the approval of any short plats,
subdivisions and residential planned unit developments
until December 31, 1978, or the enactment of final
amendments to the Winslow Zoning Code, whichever occurs
sooner.
2. EXCEPTIONS. The moratorium imposed by this resolution
will not apply to the following categories of residential
building permits, olats, subdivisions and residential
olanned unit developments:
A. Residential building permits for which completed
applications were filed prior to the effective date
of this ordinance.
B. Short plats which have received final approval
from the city engineer prior to the effective date
of this ordinance.
C. Residential Planned Unit Developments for which
approval has been granted by the Planning Agency
prior to the effective date of this ordinance.
D. Subdivisions for which final approval of the
preliminary plat has been granted by the Planning
Agency prior to the effective date of this ordinance.
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