ORD 2010-10 AMENDING COMP PLAN AMENDMENT PROCEDURES~~~~~ 1~ ~~ ~~~~r~~
X111 C~1~~]YI~AN~~ ~~ the ~1t~ of Ba~nbrldge Island,
1ash~ngton arrlending ~omprehensi~e Plan an~endrnent
procedures of ~~ chapter 1 ~ 11 ~, altering the
schedule for application subrnittals and eliminating the
expended amendment requests b~ amending ectians
1 S, ~ 17.020, ~ ~, i 17;00 and 15,117~~4~ of .the
Bainbridge Island lur~iclpal ade~
HA, the its ~~ Bainbrldge Island has the autho~tt~ to administer the
c0rr7prehensi~e plan amendment process pursv~ant to R 3~,70~.I30~ and
HER.EA~, in 1995, the pity adapted ordinance No. 9517, subsequently amended b~
~rdinanee Nos, 9~0~ and 200-1 , that f 0rmalized the current .p1"ocess for r~~'le'L~'ln
can~prehensi~e plan amendment applications as set forth In Bainbridge Island 1Vlunicipal bode
~Brll~} chapter 1$ ~ 117; and
H~~~, the its currently accepts and processes ~•eular can~prel~ensi~e plan
ar~end~nents ar~nuall and extended amendments e~er~ other dear; and
H~~, it has been determined that the Departrrient of Planning and ~arnmnnit~
De~eloprnent lacks the resources t~ p~}aces co~nprehensi~e plan rnendrnents ann~li~; and
HE~A, since the its began differentiating betcen regular" and extended
amendments in 200, there has riot been and extended amendments sr~bnaitted; and
"4H~~A, the Department of Planning and on~munity Development i
reca~nmer~ding e111~]lnat~on of the "extended" amendment, and accepting and processing
comprehenl~e plan al~lendrnents e~rer~ third gear belnnln to ~O1 ~; and
HEM., on July ~~, 2010 the Manning amrr~issian held a public hearing on this
chapter to irrlplement the recorrarricndatiQn; nor, therefore,
THE ITS ~L]NIE ~ THE ~~'~ ~F BA~NBID~ ~L~NI~, HINTN, I~~]
~RI]AIN A. ~'~I~E~
ect~on 1. Section 15.117,020 ~f the Bainb~"1~~~ II~~IC~ I~I~n1C1~~1 aC~~ 1 ~.n]~n~~C~ t~ r~~~
as follows;
1 ~,1 ~ 7.00 Applzcab111t~.
Any person or entity may apply for n an~~nd~nent to the corr~prehensive plan. ~
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A, Except 1n the event of an emergency as deter~n~ne~l b~ the city council, plan
amendments ~ ~ , mill be
considered to ether ~ ~~ that the curnulati~e effects of all
proposed amendments can be analyzed for consistency and the overall effect on
the comprehensive plan, Starting in ~ ~~ 1 a, and thereafter no more often than
every three year, the planning Comn~isslon nay reca~nn~end ~.nd the
city council may adopt amendments to the lard use rraap, or tie text of the
carriprehcnsivc plan, upon finding that each proposal meets all of the applicable
conditions and requirements of this chapter,
B. Arnendrent appl~ct~ons
~e~~;^~ '~,'',~ ^~ ts~cti~n, submitted b~ the ter X111 be processed eery
~~year or within the context of a comprehensive plan update, or more
frequently than once per gear under the circumstances authorized under ~
~.7aA,13 ~~~a~
.z. ~~n~>>~~~_~~~~~~+~, ~n ~r arnendrnent nay be considered if the
a licant can demonstrate that the reques# is consistent with the adopted
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comprehensive plan, and that policy adjustments or neap an~endrrients a~~e needed
to further the vision, goals or policies of the plan An ~.rnendn~ent may also be
considered if the a~~licant can dern~nstrate, that co.~nunity ~al~~s~__,pri~rltle ,
r~eed~ and trends have sufficient than to justi~~, fundamental shift in the
cony rehensive lan, The burden of roof rests ~entirel Frith the ~. licant to
demonstrate o~ document the need to de art from the current version of the
cam~rehensive plan. There are ,t~vo t~~e of amendments, policy ad~~~n~e~ts ~r
ma than es, ~n amndrr~ent ma include both of these t es of arrxendn~e~t
re uests,
ta, Policy Adjustrrients. ~ropased policy adjustrr~ents that are intended to be
consistent Frith the cony rehensive lan should be designed to provide correction
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or additional uid~.nce o the community's oxiiinal visions and values can better
be achieved The need far th1s type of ad~ust.ent r~~ght be supported by findings
related to naonitarin and e~alua~ting the implementation of the con~p~~ehensive
plan: Examples of such findings could include,
a~. roth and development a envisioned in the plan ~ occurring faster, slower
or is failing to materialize;
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b~. The capacity to provide adequate services is diminished or increased;
cam, hand ava11ab111ty to meet demand is reduced;
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dom. Population or en~ployrr~ent growth is significantly different than the plan's
assun~ptians;
e~~ Plan a~ j ~cti~e~ a~'~ not bel~ rr»t pelfied;
f, The effect of the plan a~ land l~~ and af~ara~ble ha~in r contr~r~ to
plan goals;
Transpartatlan andlor other Capital 1~llpro~re~nent are not b~1ng n7ade ~
expected;
ham. A question of consistency exists between tl~e corr~prehensi~e plan and its
elements and chapter ~,7~A ~', the ~itsap ountyide planning policies, or
de~elopn~ent regulations
i. ,~ssun~~tions u~oon which the Bolan is based are found to be invalids oi'
' , Substantial than e ar lacy of chars e in circumstances dictates the need for such
considratloh ar conditions have changed substantially in the area ~rithin which
the subject property lies andlo~ cxty~ride.
fib. Map changes. changes to the laud use inap naay only be approved if the
proponent has denrxonstrated that all of the following are tree: -
- . ai. The designation is in conformance Frith tl~e appropriate land use designation
- purpose statement identified in the comprehensive plan;
~~. The inap a~nendinent or site is suitable for the proposed designation; and
C~-i~, The inap amendment ~nlplernents applicable corriprehnsivepian policies
better than the current map deslnatlon~
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Dpi The city c~ucil may dcterine, ~ realutian, that ~. pr~paed amendment
be roee~sed ~ an emergency an~end~ne~t to the corriprehcn~i~re plan.
ect~~n ~~ section ~ ~, ~ ~ 7,a3a of the Bainbridc X~lar~d ~nrcrpal bode ~s amended to read
a follows:
~ S i 117, ~3 ~ .c~ic process,
The city shall process can~p~~ehcni~c plan amendment applicatiar~s in accordance
with hapte~ ~~ 1 S B11VIC and the ~'allain pracedurs~
A. Preapplication conference. prior to snbrnittal of ~ camprehensi~e plan
arr~endn~ent application, the applicant ar applicant' representati~rc shall attend ~.
preappiication conference ire accordance with the procedures o~ ~X ~~ 1 ~,0 ,
~ntcrested C1t1Z~r1 may attcnd the preappllcat~on ril~~tl~lgl ~~ "'' "~'"1~
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B, application. ,An applicant may su~nait an application fazF a corr~prehensi~c plan
a~ner~dn~ent after cornplet~an of a re~u~red preapplrcatian conference Proposed
~nendrr~ents shall he subrr~itted
a
~~; betee~a .~an~ary 1 and the end of ~ehr~ary ~, ~a 13 and
ubse~~entl~ eery third ~`nr ~„ ~~ ~~~°~„°~~ yea~~~i
. ~P~ evie~r, ~nviron~nental review shall be completed prior to planning
commission review, The applicant is responsible for conducting any further
enviranr~~ental analysis! including the preparation of an enviranrnental impact
statement, if~necesary,
~, 'ritten analysis, Far each .proposed amendment, staff for the lead department,
as determined by the city manager} mill prepare a written analysis for the
planning commission, The analysis mill be accarr~panied by a recornrnendatian
that ~ the proposed aendrr~ent be approved, denied, or approved Frith
rr~adificatian, Proposals may be grouped and evaluated by geographic sector
andlor subject matter to be assessed far cumulative impact,
E, Plantaing omission .e~ie~r, subsequent to carnletian of the analysis
prepared by the lead depa~~trnnt and the pA review, the planning commission
shall conduct one ar mare public hearings as defined in BINS ~,18,0D, The
planning camrnission shall also solicit carnments regarding the proposed
amendment fromm the public or from government agencies in any other rrzanner it
determines necessary ~ appropriate to the nature of the proposed amendment
and consistent with 'L` ~,'~~~,14~, The notice and public hearing for proposed
can~prehensi~re plan arr~endrr~ents mad be carribined v~ith any notice or public
hearing for prapesed amendments to the land use code or for other actions of the
plan~alr~g con~n~lsslon; provided, that all appropriate natlc~ng ~s conducted as
r~gLl~~'~d ~~ ~~7Vf
~'. ~la~]ning ornn~lsslon I~~GOnln]endatlan,
1, The planning commission shall base its tecammer~datian on whether the
application meets the required decision criteria canta~nd ~n ~~~ i S.1 17,05
and consider public input, .conclusions from any required studies, the staff
recorr~mendat1an, and fir~d1ngs frarr~ the EPA analysis.
~, The planning commission may recommend to approve, deny, ar approve with
rr~odification the proposed an~endn~e~t, Tie ~lnnln corr~miss~on must n~al~e
#indings sup~a,~g their recon~naendatian. If the planning comrr~issian
recorrirnends denial of a proposed amendment, the ~ndit~gs shall include that
a, The proposal does not comply with the decision criteria contained ~n BIM
1 S,1 ~7,a5a; ar
b. A rnajarity of the planning comnaision finds that the proposal mould be more
appropriately and effectively addressed through another aspect of the city's orl~
program.
~, The planning commission's ~ findings and conclusions regarding its
recommendation shall be forwarded to the city ~ council rithin 30 days of their
hearing.
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r, it~r council Re~ie and Decision,
1, The ~~~~ council considers whether ~~~ appl~cat~on meets the required decision
criteria contained in BiM 18, ~ i 7, 0 ~ and also considers staff rec~rnnaendation
and the planning commission's recorninendations within the context of its budget
discussions, and mar act on the arriendrrient proposals prior to or at the Barrie tide
as 1t adopts the c~t~ budget,
2, The council mad decide to approve, deny, or approve v~~th rriodification the
proposed arriendent,
, The council shall base its decision on consideration of the record and the
required decision criteria contained in ~Illfi i 8.1 i 7,oSO, and shall cite these in
their findings and conclusions.
I~. denied Amendments, Denied amendrraents illy not be accepted far the
next comprehenive plan amendment cycle, unless the proposed arriendrrient is
sabtantiall~ modifed or circumstances related to the arriendrrxent request have
si,~ nific~ntl~ than ed. The piannin director shall make ~hi~ determination.
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ecti~~a section 18, 117,040 of the Bainbridge Island Municipal bode is amended to read
as follows:
1 ~~ 117,~4~ submittal requirements.
To apply for a con~prehnsi~re plan amendment an applicant rust submit the
following: -
A. Preapplication ubrrYittal. Prior to submitting an amendment proposal, n
applicant is required to schedule a preapplication conference pursuant to chapter
.l S ~iM, b st~brnrttin a preapplicatxon forrrr, including a general surnmar~ ~f
the nature of the desired change and and required fee,
B. Application ubrr~ittal. An applicant for a corripreheni~e plan amendment
must subrriit the follo~ririg:
1. An application for a~~comprehensi~re plan text or map arrrendrrient proposal,
containing the following information;
a. Nature of and reason for the amendment request, including
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, and
specific suggested changes to the plan or appendices.