ORD 2001-24 GMA DEVELOPMENT REGULATION PROCEDURESORDINANCE NO. 2001- 24
AN ORDINANCE of the City of Bainbridge Island, Washington,
adopting a new chapter 2.14 of the Bainbridge Island Municipal
Code, and establishing procedures for the adoption and
amendment of Growth Management Act development regulations
pursuant to RCW 36.70A. 140.
WHEREAS, the City Council adopted Resolution No. 96-48, which among other things
describes the process to adopt ordinances, including development regulations, and ~
establishes a rule that a proposed ordinance have three readings at three separate meetings
before it will be passed by the City Council; and
WHEREAS, the City Council adopted Chapter 18.117 of the Bainbridge Island
Municipal Code which establishes the process to amend the City's Comprehensive Plan,
adopted under the Growth Management Act ("GMA'), codified at Chapter 36.70A RCW, but
does not apply to development regulations; and
WHEREAS, in the case of Home Builders Association v. City of Bainbridge Island,
CPSGMHB Case No. 00-3-0014 (Final Decision and Order Feb. 26, 2001), the Central Puget
Sound Growth Management Hearings Board ("Board") remanded the City's adoption of
Ordinance No. 2000-13, which amended the City's critical areas regulations relating to density
transfers in wetlands and buffers, and held that the City had not fulfilled the requirements of
RCW 36.70A.035 or RCW 36.70A. 140 when adopting this development regulation; and
WHEREAS, pursuant to RCW 36.70A. 140, the City Council desires to ensure that the
public has the early and continuous opportunity for public participation in the development and
amendment of development regulations, and desires to supplement the procedures established
in Resolution No. 96-48; and
WHEREAS, pursuant to RCW 36.70A 106, the Department of Community, Trade and
Economic Development has been notified of the City's intent to adopt this Ordinance; now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 36.70A.140, the City adopts and adds a new Chapter
2.14 to the Bainbridge Island Municipal Code to read as follows:
DOCS\94700\ 105\217234.01 06/28/2001 1
Sections:
2.14.010
2.14.020
2.14.030
2.14.040
2.14.050
2.14.060
Chapter 2.14
Procedures for Adoption and Amendment of
Development Regulations.
Purpose
Review Process; Public hearing
Notice
Council action
Appeals
Transmittal to state
2.14.010 Purpose.
This chapter establishes the process for adopting and amending Growth Management
Act C GMA") development regulations, to ensure early and continuous public
participation in the development and amendment of development regulations, which
implement the City's Comprehensive Plan. For the purposes of this chapter,
"development regulations" means the controls placed on development or land use
activities by the City, including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned unit development
ordinances, subdivision ordinances, and binding site plan ordinances, together with any
amendments thereto. A development regulation does not include a decision to approve
a project permit application, as defined in RCW 36.70B.020, even though the decision
may be expressed in a resolution or ordinance of the City.
2.14.020 Review Process; Public Hearing.
Proposed development regulations shall be reviewed under the process established in
Resolution No. 96-48. The City Council shall hold a public hearing on the proposed
development regulation at the second reading of the proposed development regulation;
provided that proposed development regulations that shall have a public hearing before
the Planning Commission pursuant to Section 2.36.010 shall not also be subject to a
public hearing before the City Council. Notice of public hearings for development
regulations shall follow the criteria set forth in Section 2.14.030.
2.14.030 Notice.
A. The City shall give notice of the public hearing required in Section 2.14.020 that is
reasonably calculated to provide notice to property owners and other affected and
interested individuals, tribes, government agencies, businesses, and organizations.
Examples of reasonable notice include:
(1) Posting the property for site-specific proposals;
DOCS\94700\ 105\217234.01 06/28/2001 2
(2) Publishing notice in The Bainbridge Island Review.
(3) Notifying public or private groups who have notified the City of an interest in a
certain proposal or in the type of proposal being considered;
(4) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals as
identified by the Department of Planning and Community Development; and
(5) Publishing notice in City newsletters or sending notice to City mailing lists
established by the Depaament of Planning and Community Development, including
general lists or lists for specific proposals or subject areas.
Notice of the public hearing shall state when the public may submit written
comments on the proposed development regulation; provided, that the public shall
be given at least ten (10) days prior to the scheduled public hearing to submit
written comments to the City.
C. The agenda for second reading of the proposed development regulation shall
reflect the full title of the development regulation being reviewed.
Errors in exact compliance with this chapter shall not render the development
regulation invalid if the spirit of the procedures established by this chapter is
observed.
2.14.040 Council Action.
After the requirements of Resolution No. 96-48 and this Chapter are met, the City
Council may act upon a proposed development regulation. The City Council shall either
adopt, adopt as modified, reject, or remand the development regulation to the
Department of Planning and Development or a City Council Committee or the Planning
Commission for further consideration.
2.14.050 Appeals.
Appeal of a City Council decision on a development regulation is governed by state
law.
2.14.060 Transmittal to State.
The Departmem of Planning and Community Development shall notify the State of
Washington Department of Community, Trade and Economic Development
("DCTED") of its intent to adopt a development regulation at least 60 days prior to
final passage. The Department of Planning and Community Development shall
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transmit a copy of all passed development regulations to DCTED within 10 days after
passage by the City Council.
~. 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 27~ day of June 2001.
APPROVED by the Mayor this 28~ day of June 2001.
Dwight Sutton, Mayor
ATTEST/AUTHENTICATE:
St/san P. Kasper~ City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
April 4, 2001
June 27, 2001
July 4, 2001
July 9, 2001
2001-24
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