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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. ~ F , . . i 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 pp 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 p p 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; ~~ ;, b~. The capacity to provide adequate services is diminished or increased; cam, hand ava11ab111ty to meet demand is reduced; 2 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~ i • ~ ~ a ~ . ~ ~ ~ ~ . ~ . ~ ~ ~ . . i • r • . ; , ~ • 1 ~ ~ ~ ~ ~ ~ i ~ ~ ~ fxli~t'~~ ~ ~ •ri i • t ~ ` ' i } f 1 1 1 r } i 1 ~ ~ ~ i 1 3 i i i . 1 , i . i i F 1 ~1 F ~ 1 • 1 4 1 1 f 1 * ~ ~ R 1 / r + 1 + t ~ ~ ~ 1 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~ 1 ~ 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. 5 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. , , ~ , r 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 , 1 R , and specific suggested changes to the plan or appendices.