ORD 2006-13 COMPREHENSIVE PLAN AMENDMENT
ORDINANCE 2006- ] 3
AN ORDINANCE of the City of Bainbridge Island,
Washington, pertaining to Comprehensive Plan amendment
review process of the Bainbridge Island Municipal Code;
amending Sections 2.16.035, 2.18.10, and 2.18.020 of the
Bainbridge Island Municipal Code; and repealing and
replacing the current language of Chapter 18.117 of the
Bainbridge Island Municipal Code.
'VHEREAS, the City Council is authorized to modify the City code in
accordance with Washington State laws;
\VHEREAS, in 1995 the City adopted Ordinance 95-17, subsequently amended
by Ordinance 99-04, that formalized the current process for reviewing comprehensive
plan amendment applications; and
WHEREAS, changes have been identified to modify the procedure to better
reflect the actual timing and clarify the procedure of processing a proposed amendment;
and
\VHEREAS, the Planning Commission has evaluated the merits of this ordinance
in relationship to the goals, policies, and objectives of the Comprehensive Plan; now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 2.16.035 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
"2,16.035 Preapplication procedure.
A. A preapplication conference may be scheduled by the department
director for any type of land use application, but is required prior to
submitting an application for the following permits:
Regular conditional use;
Regular variance;
Site plan and design review approval;
Preliminary subdivision (long plat) and short subdivision (short
plat);
Shoreline substantial development and shoreline conditional use
permit;
Planned unit development
Comprehensive Plan Amendment; and
Consolidated project review.
B. A preapplication conference for a conditional use permit, variance,
site plan and design review, shoreline substantial development permit or
shoreline conditional use permit may be waived in writing by the director
of planning and community development if the director detennines the
following:
I. The application is consistent with applicable codes and
ordinances;
2. The proposed use is clearly listed as a permitted use in the
zoning district in which it is located;
3. The proposal is exempt from review under the State
Environmental Policy Act (SEP A); and
4. The applicant demonstrates knowledge and understanding of the
city's permit processing procedures.
C. An applicant shall arrange for a preapplication conference by
submitting fomls and plans as prescribed by the applicable land use
applications. As established by the city council by resolution, a fee for a
preapplication conference shall be charged.
D. The preapplication conference is an infonnal discussion between a
potential applicant, interested citizens and city staffregarding a proposed
project. A preapplication conference shall not include extensive field
inspection or correspondence. The purpose of the preapplication
conference is to assist the applicant by identifying the following:
1. Requirements for submittal, including types of penn its
necessary to complete the proposal and whether SEP A review is required,
pursuant to the State Environmental Policy Act (SEP A), Chapter 43.21 C
RCW.
2. Compliance with applicable city plans, goals, policies, codes or
guidelines and possible revisions to the proposed project which will
enhance the proposal with respect to these requirements.
3. Required plans, studies, reports, and/or other materials specific
to the proposal which will provide necessary information for staff to
review the project.
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E. The discussion at the preapplication conference shall not bind or
prohibit the city's future application or enforcement of applicable codes
and ordinances."
Section 2. Section 2.18.010 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
"2.18.010 Purpose and applicability.
This chapter applies to amendments to the comprehensive plan, zoning
code, the Bainbridge Island official zoning map, and area-wide rezones
initiated by the city."
Section 3. Section 2.18.020 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
"2.18.020 Planning commission review and recommendation.
A. Public Hearing. The planning commission shall hold a public
hearing for all amendments to the comprehensive plan, official zoning
map and zoning code of the city prior to issuing a recommendation to the
city council.
1. Notice of Public Hearing. The date, time and place of any
scheduled hearing shall be provided to the public by the following means:
a. Publishing notice in the official newspaper of the city at least
eight calendar days prior to the public hearing.
b. Posting notice in the official posting places of the city.
2. Participation in the Public Hearing.
a. Any person may participate in the public hearing. The
planning commission has discretion to limit testimony to relevant,
nonrepetitive comments and to set time limits.
b. Any person may submit written comments, photographs or
other exhibits on the proposed amendment to the planning commission
prior to or at the public hearing.
c. The planning commission shall maintain a record of the
exhibits presented and a tape recording of the testimony and arguments
presented, which shall be kept by the city clerk.
B. Planning Commission Action and Written Recommendation.
1. In making a recommendation, the planning commission shall
consider applicable decision criteria of this code, all applicable law, and
any necessary documents and approvals.
2. The planning commission shall issue a written recommendation
which contains the following:
a. A statement indicating that the proposed amendment is
approved, approved with modifications or denied; and
b. A statement of facts upon which the recommendation is
based and the conclusions derived from those facts.
C. Transmittal to City Council. The planning commission's written
recommendation and other documents upon which its decision is based
Ordinance 2006-13
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shall be immediately transmitted to the city council and department
director.
Section 4. Chapter 18.117 of the Bainbridge Island Municipal Code shall be hereby
repealed, and a new Chapter 18.117 is hereby added to the Bainbridge Island Municipal
Code to read as follows:
"Chapter 18.117
Comprehensive Plan Amendment Administrative Procedure
Sections:
18.117.010 Purpose.
18.117.020 Applicability.
18.117.030 Review Process
18.117.040 Submittal requirements
18.117.050 Decision criteria.
18.117.060 Public Involvement.
18.117.070 Revocation.
18.117.080 Appeals.
Comprehensive Plan Amendment Administrative Procedure
18.117.010 Purpose
The purpose ofthis chapter is to establish the process and criteria for
changing the comprehensive plan and/or land use map. Amendments may
include additions, deletions, corrections, updates, modifications or
revisions to maps, goals and policies in the comprehensive plan. The
comprehensive plan amendment process provides for simultaneous review
of proposals to allow for cumulative impact analysis of all applications on
a citywide basis, in conjunction with budget decisions and honors the
community's long-term investment in the comprehensive plan, through
public participation and neighborhood planning processes.
18.117.020 Applicability
Any person or entity may apply for an amendment to the comprehensive
plan. A determination shall be made at the preapplication conference as to
whether a request shall be processed as regular or extended (section
18.117.020B BIMC).
A. Except in the event of an emergency as detennined by the city
council, plan amendments that are regular. with the criteria established in
this chapter will be considered 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 comprehensive plan. Starting in
2006, and thereafter no more often than once each year, the planning
Ordinance 2006-13
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commission may recommend and the city council may adopt amendments
to the land use map, or the text of the comprehensive plan, upon finding
that each proposal meets all of the applicable conditions and requirements
of this chapter.
B. Amendment applications that are established as extended, as
specified in subsection.(B)(2)(a) hereunder will be processed every other
year or within the context of a comprehensive plan update:
I. Regular Amendments. A regular amendment may be considered
if the applicant can demonstrate that the request is consistent with the
adopted comprehensive plan, and that policy adjustments or map
amendments are needed to further the vision, goals or policies of the plan.
a. Policy Adjustments.
Proposed policy adjustments that are intended to be consistent with the
comprehensive plan should be designed to provide correction or additional
guidance so the community's original visions and values can better be
achieved. The need for this type of adjustment might be supported by
findings related to monitoring and evaluating the implementation of the
comprehensive plan. Examples of such findings could include:
i. growth and development as envisioned in the plan is
occurring faster, slower or is failing to materialize;
11.
increased;
the capacity to provide adequate services is diminished or
111.
land availability to meet demand is reduced;
iv. population or employment growth is significantly different
than the plan's assumptions;
v. plan objectives are not being met as specified;
vi. the effect of the plan on land values and affordable housing
is contrary to plan goals;
vii. transportation and/or other capital improvements are not
being made as expected;
Vlll. a question of consistency exists between the comprehensive
plan and its elements and Chapter 36.70A RCW, the Kitsap Countywide
Planning Policies, or development regulations.
b. Map Changes.
Changes to the land use map may only be approved if the proponent has
demonstrated that all of the following are true:
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i. The designation is in conformance with the appropriate land
use designation purpose statement identified in the comprehensive plan
ii. The map amendment or site is suitable for the proposed
designation; and
iii. The map amendment implements applicable
comprehensive plan policies better than the current map designation.
2. Extended Amendments.
a. An extended amendment application may be considered if the
applicant can demonstrate that community values, priorities, needs and
trends have sufficiently changed to justify a fundamental shift in the
comprehensive plan. The burden of proof rests entirely with the applicant
to demonstrate or document the need to depart from the current version of
the comprehensive plan. Relevant information may include:
i. growth and development as envisioned in the plan is
occurring faster, slower or is failing to materialize;
11.
increased;
the capacity to provide adequate services is diminished or
111.
land availability to meet demand is reduced;
iv. population or employment growth is significantly different
than the plan's assumptions;
v. transpOliation and/or other capital improvements are not
being made as expected;
vi. conditions have changed substantially in the area within
which the subject property lies and/or citywide;
VII.
invalid; or
assumptions upon which the plan is based are found to be
Vll1. sufficient change or lack of change in circumstances
dictates the need for such consideration.
b. If significantly inconsistent with the current version of the
comprehensive plan, an amendment proposal must also include wording
that would realign the relevant parts of the comprehensive plan and its
other supporting documents with the full range of changes implied by the
proposal.
C. The City Council may detem1ine, by resolution, that a proposed
amendment be processed as an emergency amendment to the
comprehensive plan.
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18.117.030 Review Process
The city shall process comprehensive plan amendment applications in
accordance with Chapter 2.18 BIMC and the following procedures:
A. Preapplication Conference. Prior to submittal of a comprehensive
plan amendment application, the applicant or applicant's representative
shall attend a preapplication conference in accordance with the procedures
ofBIMC 2.16.035. Interested citizens may attend the preapplication
meeting. The director shall determine whether a proposal is regular or
extended 14 days from the preapplication conference.
B. Application. An applicant may submit an application for a
comprehensive plan amendment after completion of a required
preapplication conference. Proposed amendments shall be submitted in
2006-2007 between May 1, 2006 and February 28,2007, and between
January 1 st and February 28th for all subsequent years.
C. SEPA Review.
Environmental review shall be completed prior to planning commission
review. The applicant is responsible for conducting any further
environmental analysis, including the preparation of an environmental
impact statement, if necessary.
D. Written Analysis.
For each proposed amendment staff (or the lead department, as detem1ined
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 approved, denied, or approved with
modification. Proposals maybe grouped and evaluated by geographic
sector and/or subject matter to be assessed for cumulative impact.
E. Planning Commission Review.
Subsequent to completion of the analysis prepared by the lead department
and the SEP A review, the planning commission shall conduct one or more
public hearings as defined in BIMC 2.18.020. The planning commission
shall also solicit comments regarding the proposed amendment from the
public or from government agencies in any other manner it detern1ines
necessary and appropriate to the nature ofthe proposed amendment and
consistent with RCW 36.70A.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
[or other actions of the planning commission, provided that all appropriate
noticing is conducted as required by law.
F. Planning Commission Recommendation.
1. The planning commission shall base its recommendation on
whether the application meets the required decision criteria contained in
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Section 18.117.050 and consider public input, conclusions from any
required studies, the staff recommendation, and findings from the SEP A
analysis.
2. The planning commission may recommend to approve, deny, or
approve with modification the proposed amendment. If the planning
commission recommends denial of a proposed amendment, the findings
shall include that:
a. The proposal does not comply with the decision criteria
contained in Section 18.117.050; or
b. A majority of the planning commission finds that the
proposal would be more appropriately and effectively addressed through
another aspect of the City's work program.
3. The planning commission's findings and conclusions regarding
its recommendation shall be forwarded to the City Council within thirty
days of their hearing.
G. City Council Review and Decision.
1. The city council considers whether the application meets the
required decision criteria contained in Section 18.117.050 and also
considers staffs recommendation and the planning commission's
recommendations within the context of its budget discussions, and may act
on the amendment proposals prior to or at the same time as it adopts the
City budget.
2. The council may decide to approve, deny, or approve with
modification the proposed amendment.
3. The council shall base its decision on consideration of the record
and the required decision criteria contained in Section 18.117.050, and
shall cite these in their findings and conclusions.
H. Denied amendments.
Denied amendments shall not be accepted for the next comprehensive plan
amendment cycle, unless the proposed amendment is substantially
modified. However, applications that are denied for lack of documentation
sufficient to support an extended proposal may reapply during the next
cycle for extended amendments.
18.117.040 Submittal requirements
To apply for a comprehensive plan amendment an applicant must submit
the following:
A. Pre-application submittal.
Prior to submitting an amendment proposal, an applicant is required to
schedule a pre-application conference pursuant to Chapter 2.18 BIMC, by
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submitting a pre-application form, including a general summary of the
nature of the desired change and any required fee.
B. Application submittal.
An applicant for a comprehensive plan amendment must submit the
following:
1. An application for a comprehensive plan text or map
amendment proposal, containing the following infomlation:
a. Nature of and reason for the amendment request, including a
description of how the proposal is regular or extended with the current
comprehensive plan, and any specific suggested changes to the plan or
appendices.
b. Statement of how the amendment request is consistent with
all of the decision criteria specified in 18.117.050.
c. A completed SEP A checklist including Supplemental Sheet
D::lr NonProject Actions.
d. The appropriate application fee as established by city
resolution shall be paid by the applicant.
e. Any other reports or studies identified during the pre-
application conference.
18.117.050 Decision Criteria
The planning commission and city council shall base their respective
recommendation or decision on a proposed comprehensive plan
amendment on the following criteria:
A. Regulatory Changes.
Amendments to the comprehensive plan shall comply with the Growth
Management Act and other state and federal laws.
B. Resources.
1. The City must have the resources. including staff and budget,
necessary to implement the proposal.
2. The amendment 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.
3. The amendment must not adversely affect the City's ability to
provide the full range of public facilities and services at the planned level
of service, or consume public resources otherwise needed to support
comprehensive plan implementation strategies.
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C. Internal Consistency.
Amendments shall be consistent with the comprehensive plan including:
1. Land uses and growth projections that are the basis of the
comprehensive plan; and
2. The overall intent of the comprehensive plan, including the
community vision, overriding principles, and overall goals that guide the
plan.
D. Cumulative Effect.
All amendments must be considered concurrently in order to evaluate their
cumulative effect on the comprehensive plan text and map, development
regulations, capital facilities program, adopted environmental policies and
other relevant implementation measures.
E. Land Use Impacts.
Amendments shall not adversely affect public health, safety or welfare. An
amendment must be compatible with neighboring land uses and
surrounding neighborhoods, if appropriate. In addition, applications
should be reviewed for their cumulative land use impacts.
18.117.060 Public Involvement. This section identifies the various
public involvement oppOliunities included as part of the comprehensive
plan amendment process.
A. All complete applications for amendment to the comprehensive
plan are considered and reviewed by the planning commission and city
council. Depending on the content, scope or potential impact of a
proposed modification, additional review by other citizen committees and
opportunities for public comment may occur.
1. Various public meetings, forums, presentations and outreach
may be conducted in order to ensure:
a. broad dissemination of proposals and alternatives;
b. opportunity for written comments;
c. provision for open discussion;
d. infonnation services; and
e. consideration of and response to public comments.
B. Neighborhood Meetings.
Since an proposals are required to be compatible with neighboring land
uses and surrounding neighborhoods, persons proposing site-specific
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amendments may address issues of compatibility by participating in a
neighborhood meeting organized by the City, with notifications as
specified by the City.
C. Emergencies.
Amendments outside the regular annual amendment cycle, such as
emergency amendments, still carry a requirement for appropriate public
participation.
18.117.070 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.
18.117.080 Appeals.
Appeal of a city council decision on a comprehensive plan amendment is
governed by and shall be in accordance with state law.
Section 5. This ordinance shall take effect and be in force five days from and after
its passage, approval, publication and posting as required by law.
PASSED by the City Council this 26th day of April, 2006.
APPROVED by the Mayor this 28th day of April, 2006.
9'~' /. .
I~M'I'v 1A-/'u~Vv7
Darlene Kordonowy, Mayor
A TIST1 AUTHEN~[C ATE:
..~ if ~ _~/.A./
S{le Kasper, City Clerk /
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
April 5, 2006
April 26, 2006
May 3, 2006
May 8, 2006
2006-13
Ordinance 2006-13
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