ORD 2010-25 MANDATORY PUBLIC PARTCIPATION ON CERTAIN DEVELOPMENTS~1A~~ ~~s ~~~~-~~1
~ ~1~DIl~AN~~ of the ltd of Balrlbrldge island,
Washington integrating a mandatary public participation
rr~eeting requirement for certain e~elopnaent projects ~~
amending Sections ~.I,OS, 17,a4,a~, 1,,~4a,
18,1 a,~4, 18, ~ O~.a2a, ar~d 1 S,1 ~0.0~0 of the Bainbridge
Island IVlunicipal Code,
HLAS, the 1t~ of Bainbridge ~S~aI1d has the author~t~ to adopt ~On111g pro~~slons
pursuant to R. 3~.7aA.390; and
H1A, the it~r council has decided that citizens mould be better served ~~
increasing tine oppartun~t~ far public participation ~rhen ~ de~eloprrient pro j eet i pra~ascd; ~.
HEIR, the pity Council established the Land use public Process small steering
group an April 7, a 1 a; and
HEI~EA, the steering group is charged with anal~~ing and re~ie~ing policies and
procedures regarding public in~al~ement in land use permits; and
~IEA, ~~~ steering group began meeting In ~~ ~a ~ ~, and qu~cl~l~ ldent~fled
several as to better solicit public participation in the land use permit process; and
HEREA, upon the recamrnendation of the steering group, the its Council directed
staff to de~elap an ordinance making the it's "public Partlclpat~on Progrrr~," as outlined in
Resolution ~o, ~aa 1- ~ ~, amended b~ No. Resolution 2~ 1 a-, rr~andator~ far certain larger
de~eiopent p~}ajects; and
V~HE~EA, on August ~~, X01 ~, ~~]~ Planning o~nmission held ~ public hearing 011 thl
chapter to implement the ~~econ~naendatian; and
HEREA, pursuant to ~~ ~~,7~A, l a~, a ~~~d~ notice was sent to the asllington
State I~epartnlent of onamerce an August 0, ~~ 1 ~; nom therefore,
THE CITY ~~I~~L F THE IT'Y ~F IIAI~~~~ ILAI~D, ''A.HIN~T~I~,
II~E ~1A~~ A FOLLY;
section 1. Section 2, I ~,0~ 5 of the Bainbridge Island Il~~unicipai bode is amended to read as
follows:
~,1~,~3 Preapplication procedure.
A, . preapplication conference mad be scheduled by the department
director far and type of land use application, but is required prior
to SUbmlttll]g an appllcatlon for the fallo~vln p~rl1'11tS:
Regular canditianal use;
Regular variance;
bite plan and design re~ie appro~ral;
Prelllx~~nary u~dl'~llon slang plat} and short L~dl~lslanShort
plat}#
shoreline substantial de~elaprnent ~.~~ shvrcline conditional use
permit;
Planned unit de~relapmcnt;
~o~uprehensi~e plan arnendrnent; and
consolidated project re~ie.
B, ~ preappllcat~an conference far ~ canditianal use perrrait, ~aria~i~e,
site plan and ~ design re~ie, shoreline substant1al developrnnt
permit ar shoreline conditional use permit may b aired in
meriting b the director of planning and can~rriunity de~velaprr~ent if
the director determines the fallaing:
1, The application i consistent with applicable codes end
ordinancesa
. The proposed use is clearly listed s . permitted use in the
~an~ng d~str~ct in rhrch 1t is located;
3 , The proposal is e~en~pt franc r~i under the state
l~n~iror~rnental Policy Act EPA.}; and
4, The applicant dernantrates l~riolede and understanding of
the c~tles permit processing procedures.
An applicant shall arrange for a preapplication conference by
submitting forms and plans a prescribed ~y the applicable land
use applications. For Housing Design I~ en~anstratian Projects
authorised render chapter I8,3S BII1~, the applicant shall submit
additional information for the preapplicatian conference a
outlined in BIM 18.38.U~~. As established by the city council by
resolution, a fee for a preapplicatlan conference shall be charged,
I~, The preapplicat~ai~ conference ~s an ~nforinl discussion betce~ a
potential applicant, interested citl~~~]s, City staff, and file Design
Re~ier Board cif applicable} regarding a proposed project, ~
preapplication conference shall not include extensive field
inspection or correspondence. The purpose of the preapplicatioi~
conference ~s to assist the applicant by ldentifyiilg the folloin:
1, lequirerrients for submittal, including types of permits
necessary to complete the proposal and whether SPA re~ier
is required, pursuant to the state En~iroiunental policy Act
~1PA}, chapter 4,Z 1 ,
~. compliance with applicable city plans, goals, policies, caries ar
guidelines and passible re~isicns to the proposed project which
i11 enhance the proposal with respect to these requirements.
. equ~red plans, studies, reports, andlor other rr~aterials specific
r'
to the proposal which mill provide necessary information for
staff to review the pra~ect,
4, If applicable, ~rhether or not the project mill likely qualify as
Har~sin Iesin l~en~onstration Fra j ect, ndlar fed~~ek
about have to qualify,
The dic~ssian at the preapplicatian conference shall not hand ar
prohibit the city's future application cr enforcement of applicable
codes and ordinances.
...
... ....
..
..:...,
.. ..
,~:.:.:~-~ -:A~~o:u~li~ne ~`~irix~~lll~I: ~~1'~~=4~~;. ...
8~,. a~~ 1~~=t e v er:~':.ryi~:fog:::~~d~~~~ro~~--~~~rio~
.......:. .
,,,.,-.
...
.... ..
dm~nistr~.tle =~~fe~-~~n=~arid',D~"~ ~n~ pier=' ~~~ ~~ :~e - Filar
~t~~t~~~l~~~~.e:,~Pr~n~~~, ~~~ ~Ple~~:~~~t-~~e~1o :. rr~t~ ~ha:ll
~il~ude ~; -~ ~~~11~c: ~~ ~.r~~i.,- .~i~:,"it~~ ` -~:a~la~~i ~~.~~~ : ~ ~o~~-dur
~a~~~nd-rn1~~~o~JN~o~~-:D~~10~=. ~~-_Th~~~~~~n -~~l~~l~~~~~
~~~e~~~oard'~r~i~~~1r- ~~::i~,:~a~:~~re:u~~e~~~ur~n
the-~~~c~on-:c~ri~~ri~~~e~= ~f-~l?i.~t~o~1 e~~~
ectian ~. ectlan I7.a~.a~0 of the Bainbridge Island 1Vlunicipal fade is amended to read as
follos~
17.~4.~50 Subdivisions ~-Process over~ie,
A. All residential subdivisions shall be designed consistent with the flexible
lot design process and the flexible lnt standards described in this chapter
and shall follc~v the steps described in subsection of this sectl~I1,
B, Poi the purposes of this chapter, subdivisions proposed to exclusively
accornn~odate ca~nmercial, multifamily, or a con~b~natlon Of Can]I'nerClal
anal n~uitifamil~ uses mixed used shall b consistent with the procedures
and standards established by ~I ~ 7,a4,a~ and. shall fallow the steps
described 1~ subsection L Qf ~h1s section,
~, All subdivision applications shall follow the follning steps:
I, Proposed site plans} and additional information as required b~ this
chapter and Appendix ~~ 1 } of this title far the fro j ect shall be
submitted for ~, preapplication conference in accordance with ~711~C
2,1 ~.a, A-~~...::~_%~~rr~~e~ ~ir:d~-~~:~: : ~a~t~ii~f-atei.~c~i~un~.
t. .
n1e~t n' .,~ou_:h~-th~~~~ ~.,~ ~.:~~ -
~ t: ~ ~ . hl~~~~Fa~tr1 ~t~OrT~=:~ro ~ ~ ~~~~~:autll~~d .1n
...:....
~alu~iori:,~Ia~~~~~~~~~-:~~_ 'die:~eetir ~ _~i11~:~~~e-l~ieZ~-~u~~~a - ~h
~e .::~%~~oa.co~`ee~ l~~ie =-~~~a:~ -r`e~~,l
2, A refined proposed site plan consistent with the submittal
requirerncnts of this chapter and additional materials as required by the
director andlar identified in the pxeapplication letter are submitted for
the preliminary subdivision application review process;
~, Required plans studies, reports, a~dlor other materials specific
to the proposal h~ch X111 pra~ide necessary lnformatron far
staff and the Design ~e~rie Board, and to re~ic the project
under the criteria outlined 1n 8~ 1$;~~,~~~~
.~~_.,:=~ar~. ~~ ~ ~~~~~;.:~~~~ r=ig. ..The:. ~a ~ ~~~rc~i~~~ ~:1~~..~~~,re u~~e. -to
. ... .. - .. 'S - - 'r . - .
~I`-.~1 ~~~ ..~E``1~1~:a~~.=~~I+~.-~'1~ ~r.~~ OI~1~77 ~ 17~ 1
..,:, , , , c pad .~,- . a ~ ,~:t r~~~-th~ou~~~tl
It .:~.~.~:: ~~~.~1~71~C'-~~a~'t1~1 ~at~on~~,~'Pro r~~:--. ,.,,.
outl~rie.d.~.l~~.Reo~t~on ~:a,~.~~1;:~_~~2-:.; ~~~~~; : - . .
. .
#, _
- ;:
Preapplication anference. The applicant shall appl~r for a
preapplicatian conference pursuant to 8~ ~, l x,035 ~ dousing
Design Demonstration fro j eet shall b~ re~rieed b~ bath stiff and
the Design l~.e~ie Board, pursuant to ~~ 2,4~.a~a.
1. ~~ausing Design Demonstration Project ~~aluatian. The
applicant shall submit a HDDP proposal consistent with the
requirements outlined in B~ll~ l ~.3~.05~, The applicant shall
consider input received ;.. -.._ . ~" .~ .~~~~~ :..fly public meetings and
conceptual review with city staff in the crafting the proposal.
The proposal will be evaluated pursuant to Br 1 ~.~8.a~a b~
city staff aid the Design Re~~ew ~aard at one Board rrieeting,
The evaluation factors outlined ire BII~I 1~,3~~0~~ shall be
evaluated b~ the following parties;
a. ~~ousing Dl~ersit~~ to be evaluated b~ the director.
b. ~nno~ati~e bite De~reloper~t Practices: to be evaluated b~
the director and Design e~~ev~ Board.
c. Inno~ati~re Building Design Practice; to be evaluated by the
lrector,
The Director of Planning and ornmunit~ De~elopi~ent shall
prepare written findings of facts. Applicants will receive
prel1minar~ notification from the director whether the proposal
qualifies as a Housing Design Dei~loristration Prof cct, or
feedbacl~ about how to irripro~ the proposal to qualif~r. And
changes to the proposal ~rould be re~ie~red through an
additional prepplication conference. If the proposal is
significantly altered, another preapplication conference mad be
require .
D, Application ulmittal, An applicant n~a~ submit a land use
application for a Housing Design Demonstration Project after
completion of a required conceptual and preapplication review and
natificatiari b~ the city that the prapasal qualifies s a HDDP. The
applicant shall submit an application as specified in BIM
5
18,35.~3~. Han receipt of an application, the director shall
ro~ride notice to the applicant and public in accordance Frith
Bl1V~ 2,1 , ~S ~, and commence the application re~ic process.
~. Planning on~issian I~e~1e~r. The Planning ~arun~issior~ rna~
re~ie HI~I~P Pra~eet~ at a public meeting pursuant to BI~rI
~.1 ~, f a 'o~tso~ida~e ~'roje~~ e~t~~ given the underl~ring land
use permit,
F, P~r~llt I~eClslon. The deeiion to appra~e pr deny a Dousing
Design ~en~ontratian Fro j ect shall be made as part o~ unalrl~ing
land use perrrzit approval, The decision shall be based upon the
decision criteria of the underl~ing planning pcrmlt, and the
decision criteria outlined in BII 1 S,~S.07a, Housing Design
Derrlansti'atian Project aPpro~al conditions shall be included ii1 the
final permit appro~ral and shall address and ongoing compliance
requireirients including corripliance with appra~ed design plans,
Appeal of the Dccisiai~, A decision an a Hauling Design
Darnanstratian Project mad be appealed under the pro~isians of
chapter ~.l ~ ~lll~l as part of an~r appeal of the underling land
use permit.
H, Praject ertificatiari
~ , Bullding I~ei'~it, ~~]~ applicant shall Subrnlt ~. bullding ~~ri711t
that is consistent with all conditions of the land use permit
approval, The applicant shall also subrriit docum.entatlari that
the pro j ect his applied for certi~catian her a. groan building
rating s~stern, such as Evergreen Sustainable l~e~relopm~nt,
I~~~D ar BuiltC~reen. Proof of ongaln certlflcat~an shall he
required during construction and project Certification must be
eoinpleted prior to final accupnc~r.
~, ~-~ving Building challenge, Par projects pursuing the Diving building
hal~enge pursuant to BIII~ 15.3~,a5a.J~, the applicant rtlust sho~r
proof of pursuing ongoing certification during construction far all
required elerrients. After construction and prior to issuance of the
certificate of occuPanc~, the applicant must shoes proof of lnltlal
Praject compliance as to the Site, Materials, Indoor ualit~r and
Beaut~~ Inspiration components of the ~i~ring Building challenge and
that the Praject is likely to achieve the elcrrients of energy and mater
follaing l ~ months of occupancy as required under Luring Building
challenge certification, For thane elements of energy and mater that
require occupancy of the building far twelve months for Living
Building challenge certification, the applicant must submit a report to
the pity follaing l months of accupanc~, derr~onstrating its progress
towards rneeting these remaining elerrients of the f,ivin Iu~ilding
hal~enge standard, If certification of those elerrlents has not been
achieved, the applicant must provide quar~terl~ reports of progress
~~ towards certification of these elements, includin additional sic ~ and
p
tirnlrne that wrll be taken to achreve certification,
ectian ~.' Section lS,l~S.o~~ of the Bainbridge Ysland Municipal bode is amended to read
as follows;
l8,l05,0~4~ Design process.
The city shall process ~ site plan and design review application in accordance
with BIM 2, l G.~95 and tlne following procedures:
A. Preapplrcation conference with the I)eveloprrient review ammittee.
I, To assist in review processing, an applicant far a site plan and design
review shall meet with the development review committee at a
required preapplication conference in accordance with the purpose and
procedures~of BII ~.l ~,03~,
a. An applicant shall first conduct a site ana.l~sis identifying existing
watercourses~wetlnds, significant trees and vegetation, critical
areas and other natural features, open space in accordance with the
design process, and development standards of l~Ill~ 15.72.~~, if
applicable,
b. A prospective applicant for a site plan and design review proposal
shall prepare maps, site plans} and studies has specified in ~f1VI
1, f ~:4~}that show haw the proposal promotes the purpose of
this chapter and meet the standards of the coning district and this
chapter,
A. preapplication conference may not be rieca~~y far sortie minor site
plan and design review proposals, in which case the conference rriay
be waived by the director in accordance with BIM ,f.o3~,B.
.. .
..
~. .Il~~.a . ~~~1~;~~~:~::1"lQ-dlnrtr~r~r~=~~t.~~Fl~a~~.~.ri~~ ~~et ~~R~v1
....
.... _ _ .
~~t`~'~'l~t~~~T~~ ~11,1~~d.tD:~..:. a1~1 .~t~:~~l:a~:~~rY~Un1t~ ~-:nl~~tlrl ~ ::throw h~~.the
,.....,........,.......:...:.. .s.- ..:.. .- -
....... .
_.
.:
fit ~~ s~..P:~bl~~~ ~~~:rrt~~~ ~t1~o~1:=Pro.. arr~-:~o~t~l~~ned~~ir~'~ed~u~~n~~o~ ~~ 1~~-
......: .
~~.Th.rree~~~~ ~~:..~1~~~el~ie1~~ ft~:~~~~h~:I]ei ~~ri=~-e~ie.Boar ~r>~ee~in
..
.durl~ -:: the~~ tea ~ . llcaton.-~c~nfer~ce~:. ~ hoe=.of:th~ ~jo~:~~;
4. within 14 days of a preapplicatiori conference, the development
review cornrrzittee shall notify the applicant iri writing whether the
proposal willlikely require planning con~rriission review.
B. An applicant may submlt an application far site plan and design revlew at
any tune after ~oinpletion of a required preapplication conference, The
applicant shall submit a corriplete application as specified in BIl1~~
l $, l 05.05. [Jpon receipt of a complete application, the director shall
provide notice to the applicant and public in accordance with BIIVI
~, I x,085, and commence the application review process. A native of
application with public comment period, and a notice ofdecision shall be
7
required in accordance with BI~II ~. l ~,~~, and ~, for all site plan and
design revier applications,
Application R.evie,
~ , A site plan and design review application far minor prod ects 'maybe
reviewed by the develapi~ent rcvie cominittcc ~I~R}, a termined
b the director, The final decision an an a lication i made ~~ the
y ~~
director,
a. upon receipt of a canriplete application, the director may
determine, based on the con~pleity of the prcpoal, that It is
appropriate that the I~R review the application. The ~I~ shall
consider the application at a meeting and a1~e a recornrriendat~on
~~ t11e director,
b, The director i11 make the final decision based on the fo~loing~
i, The recainendatian of the ~~, if applicable;
ii, onsideratian ofan~ public carnn~ents received; and
iii The decision criteria, SIC 18.1 ~.aGO,
2, A site plan and deign review application requiring planning
con~inission review and recamn~endation shall be reviev~ed by the
developrricnt review coinniittee CDR} and the planning car~in~ision
prior to the final decision by the director,
a. The director shall f orard a corr~~leted application to the I~.
b. ~'he development review committee shall consider the application
at a rnecting and make recoinn~cndation to the dircctar.
c, The director shall review the ~ recommendation and determine
the maj ar issues and ~pecif is aspects off' the pray ect which the
planning coi~rnission should revie~r. The director mill forward this
review directive alone with the ]~R recominendatian to the
planning commission.
d. The planning cornmisslon shall review the application ~n
relationship to the director's review directive and the decision
criteria. The planning con~rnission shall consider the application at
a public meeting and shall forward the recornrrrendatian to the
director in accordance itl~ ~f1VI 2.1 ~.095.~.
e, The director ~vil1 make the Final decision based on the fo~loing;
i. The recon~n~endation of the developrrient review con~rnittee;
ii, onsideratian afany public comments received;
iii The i'ecan~mendatian afthe planning corrz~mission; and
iv. The decision criteria, ~11~I 1,laS,~6a.
D. Relationship to ether Land ~eveloprnent applications - ensalidated
Project Review.
1. ffrequested by the applicant, a site plan and design review application
which is part of a proposal requiring multiple land use perrrii~s may be
combined in a consolidated project revier, Rotated applications
requiring ~ public hearing shalt be considered at one public hearing in
accordance with ~1M ~. l ~, l ~.
~, If ~ slt~ p1a11 and deslgn reV1e appllcatlon 1s part of a Corlsoildated
project, the dlrector ~v111 re~le the lte plan and design re~~e
appllcatlon as prescribed under subsection , l or .~ of this section,
as appropriate, and forward the findings and decision to the
appropriate hearing body for any required public hearing.
ee~ion ~« ectlon I $, I ~~,~~~ of the ~ainbrlde Island Municipal bode is amended to read a
follows;
i $, l 0~,0~0 ~ppllcable procedure,
The city shall process conditional use applications 111 accordance lth chapter .1 ~
BEM and the following procedures;
A.. Prepplication conference. Prior to submittal of a conditional use permit
application, the applicant or applicant's representati~r shall attend a
preapplication conference in accordance with the purpose and procedures of
AIM ~,1 ~. 03 5 . A preapplication conference for a rrilnor conditional Use
permit proposal maybe aired by the director in accordance with ~I~
,....
..
I.~.~~~:n~~~~1~~~~:~d~:~ ~~~~la~~it_~oti~1~C~'~~~rrz~~.:.~~s: ~: uzrea~:t
_.:...
-- -" - --
a.i'~1~~ ~ at:~1nt~~Corrlm~nlt~ ~:t1~1 ~ .t~-r~.~ ~~~I`~~~"lf f~. ~~:~~P~~11C
.. v . ............. ...... ,., .. ... .- - ...., ..:
... .
_ ,.
.. .... ,
.. "' - ~F-
~,ra~t~1~ atron}::ro r
.. an~~~~ut ~~e~ ~~;~n~~Rsolutronl~~~R~~~OI~~~=--F: ~~T e::ln~e ii1
. ...
.::.
..... ..
~~r... _ .
... ~
~ ~ ..
ill ~~; ~ ~=:~ ~~ ~.~.~ ~~ ~: ~e~.le~ r ~~ar ~ ~nl.~. ~~~~ 1~ :.On~~l~.~~~~ ~~ ut~e .
c~~~ir~~ :. ~~le~-:`~~~r~ ~ l~c~or-.or~f~r~~ ~~ h-.a~~~th~: ~ o'~e~ct:
B. Application, ~n applicant may submit an application for a conditional use
permit at any time after completion of a required preappllcation conference.
The applicant shall submit a corriplete application as specified i~ 1M
~ 8~ 1 OS.o30. Upon receipt of a complete application, the director sha11
provide notice to the applicant and public in accordance v~ith BIM
Z. f ~.~~~ and commence the application retie process, A notice of
application with public comment period and a notice of decision shall be
required in accordance with BIM ~, l ~FoSS, and ~ for all conditional use
permit applications,
Adn~~nlstratl~e oi7dltloilal Use. Ain adrrilnlstratl~re condltlcnal use process
maybe used for minor projects a determined by the director. ~n
administrative condltloiaal use process shall follow the re~rie~v procedures
set forth in ~7M ~.l,05. Minor projects may include but are not limited
to;
1, Projects that are eerrlpt from revie~r under the state Environmental
Policy A.ct -EPA}; or
~. Uses that are clearly consistent and compatible with other uses in the
sanl~ ~o~le and V1Glnlt~'; cr
~, ~~~~ specifically listed ~~ ~. cond~tlanal use 117 the pane 1n 5~~lch 1t is
proposed.
I~, Regular anditianal use, All other conditional use applicatial7s shall be
processed using the procedures set Earth in ~~ ~,~,1aD, Heading
xal7ainer decision procedures,
, V~ritten on7ments, An adlninistrati~e canditianal use application? that has
received ~rltten public con7n7ents during the natl~~ of appllCatl~n caxnment
period has set forth in ~ 2,1~,aS5}, concerning the effect an the land
use application of the corr~pxehensi~e plan, shoreline master praran7 or
matters not addressed by specific pxa~isians of this code mar be processed
as a regular conditional use perrr~it, a determined by the directa~.
F. Re~i by the Planni~7g omn~issian. Px1Qr to the final dc~slon on an
application, the director or the hea~'ing examiner air ren7and a proposal to
the planning commission far re~ie and recarril~endation using the
procedures set forth in BI ~, ~ ~,09~,I] or ~, I x,100..
ectian 6, ~ectian 18,1~~,02~ of the Bainbridge Island 1Vlunicipal bode is aen~.ed to read
as follows.
1 ~ , I ~~, ~~0 P[~l)-process a~er~ie.
~. All ~'es~dentlal P~JIs shall be designed consistent nth the flexible lot
design process and the f7exlble lot standards described herein. The P~~
process a established by this chapter and the flexible lot design process
for ~~esidential ~~JDs as incorporated herein pra~ides opportunities far the
identification and rese~~atiol~ of areas of aesthetic, cn~rironental and ar
cultural significance located within the carnlnunity and helps to rrlaintain
visual q~a.lit~r and the character of the Ysland. The flexible lot design
rnethadolo~ described herein alla~rs far grater flexibility in the location
and establishment of xesidential lots and associated infrastructure and is
intended to pra~ide a fair and predictable process for the developn7ent of
land,
B. for the purposes of this chapter, Pis proposed to exclusi~vel~
accommodate carrlm.ercial and industrial uses shall be e~en7pt from the
requirements of the flexible lot design process; pra~ided, that they are
established 1I1 strict calnpllance ~lth all applicable pro~lslans of this code.
The PUD process far carnrr~ercial and industrial PC~Ds shall be consistent
with the procedures and standards established by this chapter and falla~s
the steps described 117 subsection of this section.
All pUI~ application shall fallow the foiloing steps:
~ . Proposed site plans} and additional inforn7tior~ for the project, as
required by BIIVI and Appendix ,~ of this chapter a~•e subruitted far a
preappllcation cansultatlan ~~th the c~t~ staffn~en7bers~ ~aecific
~~
guidance on ho~v to ref ins the ~rap~sed site plan to xr~ee~ tie
rcquiren~ents of the BII~I ~ received by the applicant frorr~ the staff
:~
.-
n~err~b~rs at this conference, : , :.-::::.~ . _ .; _ ,:,.-.. ~ .,. , _,:- . ,.. , _ .-,._:::.:::.~-~ -,,,-:
~:-
~e.n~~ ~~~ri~`:~~.~re~.r~e~ .,~~:,~~~ a
...
~:'C0111~1t...:.t]7~~~~1~1~ ~l~'{~.ll~ ~~1'`:~~~~:~~:.~ ,,I~~~:..~~1 ~~~::.:;;1.,.I, -f.;.. -
.....
... .
~. R...
~~r~ ~ ~~lrc~~ri=:~#'Sri`=~~.e~+:o~1~e~=-~~~~~*e~~{~~~~
Z, ~ refined proposed site plan cvnsister~t with the subn~itta.l req~ire~nents
of this chapter and additional materials as required ~ the director are
submitted for the PUI application re~ie process,
A~ application for P~ is considered complete and ~s filed by the city
if it atif ins tl~e submittal requiren~er~t set forth in BIII~ I S.1 ~~. ~ ~~,
~. A staff report is prepared and deli~ercd for review by the planning
~.
comrriiss~onr
The planning commission makes recommendations to the hearing
examinerr
~, The hearing examiner conducts a public hearing and files findings of
fact, conclusions of lam, and recommendations with the city clerk's
office.
7. The city council, at its next mailable rrlectin, reviews the application
and affirrris, modifies or denies the application or remands the
application to the hearing examiner for fu~~ther re~ie.
~ ~ Any person aggrieved by the decision of the council may file an appeal
to the Kitsap superior court ii] accordance ~fth state lam,
D~ A FI~I~ application shall be re~ieed under the lames in effect at the time
the application is approved or disapproved,
ec~ion 7. If any section, sentence, clause or phrase ofthis chapter shall be held to be invalid
or unCOnStit~tiona~ ~~ ~ court of competent ~urlsdlction, such invalidity or l~ilconstltutlonllty
shalt not affect the validity or constitutionality ofany other section, sentence, clause or phrase of
this chapter,
eC~i~~ ~. This chapter shall take effect on ar~d he in force f"1~re days from and aver its passage,
approval, and publication as required by lam.
~'A~~ by the pity council this 13~~' day of October, ~~ 1 ~.
~P~R~~~D by the Mayor this 13t~' day of October, 2~ 1 ~.
Bob Scales, Mayor
ATTESTIA~T~I~NTI~T:
1 ~ ~~
I~as~lind I), La~ff, ~~~ clerk
FIL~I~ ~T TI~~ ITS L~~~ ep~eber 9, ~~ f 0
PEED B~ T~~ QTY OUN~IL~ ~cteber ~ ~, ~ ~ ~
P~~LII~~D; ~ct~ber ~~, ~ ~ ~
EF~~T~~~ I~~T~: ~ct~ber ~7, X410
OI~I~IN~N~ ~~~ ~~1~-~S
~~