Ordinance No. 2023-11 PSE Winslow Substation CPA-Rezone (Approved 050923){JEH2806423.DOCX;1/13023.130005/ } Page 1 of 5
ORDINANCE NO. 2023-11
AN ORDINANCE of the City of Bainbridge Island,
Washington, amending the Future Land Use Map of the
Comprehensive Plan and the City Official Zoning Map to
change the land use and zoning designation of a property
owned by Puget Sound Energy known as the “Winslow
Substation”.
WHEREAS, the City of Bainbridge Island (City) accepts requests to amend the
Comprehensive Plan every three years as described in the Comprehensive Plan
Amendment (CPA) process established by Bainbridge Island Municipal Code (BIMC)
Chapter 2.16.190; and
WHEREAS, 2022 was a CPA application year, and the City received five CPA
applications during the January and February 2022; and
WHEREAS, Puget Sound Energy (PSE) submitted three CPA applications,
requesting to change the land use designation of each of its three substations from a
residential designation to Business/Industrial (B/I) designation on the City's Future Land
Use Map; and
WHEREAS, PSE submitted corresponding rezone applications to change the
zoning designation of each of its three substations from a residential zone to the B/I zone
on the City's Official Zoning Map; and
WHEREAS, the PSE Winslow substation is located on the north side of Bucklin
Hill Road 200 feet east of Fletcher Bay Road, tax parcel no. 4178-000-028-0204
(heretofore called subject property) and PSE has submitted consolidated CPA and
Rezone application for this substation, City Permit File PLN52149 REZ/CPA; and
WHEREAS, the subject property is currently designated Residential-0.4 and R-
0.4 on the City's Future Land Use Map and Official Zoning Map, respectively; and
WHEREAS, City staff analyzed the consolidated CPA and Rezone application
for this substation, including the CPA and Site-specific Rezone decision criteria in BIMC
2.16.190 and 2.16.140, respectively, and recommend approval; and
WHEREAS, the Planning Commission considered the application and the staff
recommendation at a study session on October 13, 2022; and
WHEREAS, the City issued a State Environmental Policy Act (SEPA)
Determination of Nonsignificance on October 20, 2022; and
WHEREAS, the SEPA threshold determination was appealed on November 2,
2022; and
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WHEREAS, a settlement agreement fully and completely resolving the claims of
petitioner in the appeal was executed on February 13, 2023; and
WHEREAS, pursuant to the settlement agreement, on February 14, 2023 the
Bainbridge Island City Council considered and passed Ordinance No. 2023-05 approving
a development agreement binding the subject property to certain development conditions
if the CPA and rezone were subsequently approved; and
WHEREAS, the development agreement was recorded on February 24, 2023
under Kitsap County Auditor’s File No. 202302240075; and
WHEREAS, upon recording of the development agreement, the petitioner filed a
motion with the Hearing Examiner to dismiss the SEPA appeal on February 28, 2023;
and
WHEREAS, the SEPA appeal was dismissed on March 1, 2023; and
WHEREAS, the Planning Commission held a public hearing on Ordinance No.
2023-11 on March 23, 2023, and after closing the public hearing, made a
recommendation of approval to the City Council; and
WHEREAS, notice proposing adoption of amendments to Comprehensive Plan
and development regulations was issued on March 10, 2023, to the Office of Community
Development at the Washington State Department of Commerce in conformance with
RCW 36.70A.106; and
WHEREAS, on April 25, 2023, the City Council considered Ordinance No.
2023-11; and
WHEREAS, on May 9, 2023, the City Council adopted Ordinance No. 2023-11.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the PSE Winslow CPA and Rezone
applications, permit numbers PLN52149 REZ/CPA, are in conformance with the
Comprehensive Plan, the CPA and Site-specific Rezone decision criteria, and all
applicable state laws in effect at the time of approval. The staff analysis provided to the
City Council is adopted by reference as support for the Council’s findings.
Section 2. The Future Land Use Map of the Comprehensive Plan is hereby
amended to change the land use designation of the subject property from Residential-0.4
to Business/Industrial as shown on Exhibit A. The land use designation change is made.
with the understanding that all use and development of the subject property is subject to
the recorded development agreement.
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Section 3. The City’s Official Zoning Map is hereby amended to change the
zoning designation of the subject property from R-0.4 to Business/Industrial as shown on
Exhibit B. The zoning designation change is made with the understanding that all use and
development of the subject property is subject to the recorded development agreement.
Section 4. This ordinance shall take effect and be in force five (5) days from
its passage and publication as required by law.
PASSED by the City Council this 9th day of May, 2023.
APPROVED by the Mayor this 9th day of May, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
April 19, 2023
May 9, 2023
May 19, 2023
May 24, 2023
2023-11
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EXHIBIT A
Subject Property
Subject Property
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EXHIBIT B