ORD NO. 2014-18 RELATING TO THE PLANNING COMMISSIONORDINANCE NO. 2014-18
AN ORDINANCE of the City of Bainbridge Island, Washington, clarifying
the composition and duties of the Planning Commission, and amending
Section 2.14.020 of the Bainbridge Island Municipal Code.
WHEREAS, the City has established a Planning Commission pursuant to the provisions of
Chapter 35A.63 RCW; and
WHEREAS, the City Council desires to clarify the composition and duties of the Planning
Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.14.020 of the Bainbridge Island Municipal Code is hereby amended to read
as follows:
A. Purpose and Role of the Planning Commission. The Bainbridge Island planning
commission is responsible to the ,,,ayer, serves as an advisory body to the meryer and city
council, and provides recommendations to the director of planning, the hearing examiner
and /or the city council. The commission's role can be is to consider legislative, as well as
quasi-judicial matters, depending upon the action before it. Pursuant to Chapter 35A.63
RCW, the commission has primary responsibility for preparing, reviewing and updating
the comprehensive plan.
B. Duties and Responsibilities. Pursuant to the provisions of Chapter 35A.63 RCW, there
is established within the city a planning commission that shall have the following duties
and responsibilities:
1. Participate in the preparation and review of the comprehensive plan for the city;
and
2. Review and make recommendations on all applications for amendments to the
comprehensive plan, official zoning map and official zoning ordinance of the city
pursuant to Table 2.16.010 -1; and
3. Review and make recommendations on all housing design demonstration
project applications pursuant to BIMC 2.16.020.Q, including those housing
1
design demonstration project applications involving land subdivision, based on a
comprehensive review of the project at a public meeting; and
4. Such other advisory duties as may be assigned to it by the city councile
maye� or as specified in the BIMC. and
5. The title "planning commission" is substituted for the title "planning agency"
in all city ordinances and other documents approved prior to the effective date of
the ordinance codified in this chapter..; and
6. Create the planning commission agenda per the director's recommendation-.1
and
7. Report annually to the city council prior to the start of the budget
process.
C. Composition — Appointments — Terms — Residency — Chairpersons.
1. The commission shall consist of seven members appointed by the mayor and
confirmed by the city council. All seven members of the commission shall be
residents of the city. The members shall not be employees or officers of the city or
appointed to another city committee, board or commission, except for spechilized
committees or task forces of limited duration. The commission shall reflect the
diverse perspectives, work experiences and backgrounds represented in the
community. Each commissioner shall endeavor to understand and agree to uphold
the city's adopted comprehensive plan.
2. All members shall serve without compensation for three -year terms, which begin
on July 1 and end on June 30 three years later. Members shall be appointed to a
position number, and the Tterms are to be staggered, with no more than three
positions expiring in any given year. Members may be re- appointed to additional
terms. No member shall serve more than three consecutive terms on the
commission unless the city council determines that special expertise is required or
there are no other qualified applicants.
3. The officers of the commission shall consist of a chairperson and a vice
chairperson elected by the members of the commission for a one -year term. The
2
election of officers shall take place at the first meeting of the year no later th
February 28th of eaeb y . The teitm f eaeh fflee,. shat f" In rr,,.,,. Foy.,.,,,fy , st
until Tams,- y 3 ! st of the following year. In the event of the vacancy of the chair, the
chairperson would be replaced by the vice chairperson, and the vice chairperson
would be replaced by a vote of the members of the commission.
4. The chairperson shall preside over meetings of the commission and may exercise
all the powers usually incident to the office. Duties of the chairperson shall include,
but not be limited to, committees of the whole, handling meeting items and
discussion, conflict of interest, suspension of meetings, timing or discussion of
issues, and clarification of issues and questions. The chairperson shall sign all
approved commission minutes, reports or other official documents.
5. In the absence of the chairperson, the vice chairperson shall perform all the
duties incumbent upon the chairperson. The chairperson and the vice chairperson
both being absent, the members present may elect for the meeting a temporary
chairperson who shall have the full powers of the chairperson during the absence of
the chairperson and the vice chairperson.
6. The chair shall have full power to create subcommittees that would include up to
three commissioners. Standing or temporary committees may be charged with such
duties, examinations, investigations and inquiries relative to one or more subjects of
interest to the commission. No committee shall have the power to commit the
commission to the endorsement of any plan or program without the approval of a
quorum of the commission.
D. Forfeiture of Office.
1. A member appointed to the commission shall forfeit his or her office, creating a
vacancy, if he or she ceases to have the qualifications prescribed for such office by
law or ordinance, or if he or she is convicted of a gross misdemeanor or felony or a
violation of the oath of office.
2. In the event of a commission member being absent from three consecutive
regular meetings, or being absent from 50 percent of all meetings (including
committee) in any six -month period, the office shall become vacant and forfeited;
3
provided, that the mayor, with city council approval, may grant an exception when
warranted by individual circumstances.
3. For an extended absence, a commissioner may request a leave of absence, to be
approved by the mayor, with city council approval.
4. Any unexpired term of a vacant or forfeited office shall be filled by a qualified
person appointed by the mayor and confirmed by the city council in accordance
with the city's appointment cam.
E. Meetings,
1. The planning commission shall meet on the second and fourth Thursday of each
month and may hold such special meetings as the planning commission may
determine necessary. All regularly scheduled meetings shall begin at 7;00 p.m. and
shall endeavor to adjourn by 9:00 p.m.; provided, that the hours of a regular
meeting may be modified for exceptional purposes, as determined by the
chairperson.
2. Planning commission meetings shall be held at the city of Bainbridge Island City
Hall. Under special circumstances, regular and special meetings and retreats may be
held in other locations as publicly noticed.
3. The planning commission shall give public notice of its meetings as provided by
law. Notice for a public hearing shall be provided at least 10 days in advance of
said hearing.
4. All meetings of the planning commission shall be open to the public and held in
accordance with the Open Public Meetings Act (Chapter 42.30 RCW). In the event
a regular meeting falls upon a legal holiday, the meeting shall be held on the
following business day.
5. All meetings shall be conducted according to Robert's Rules of Order.
6. The planning commission shall review and approve rules of procedure and code
of conduct annually.
11
F. Quorum and Voting.
1. A simple majority of the appointed members shall constitute a quorum for the
transaction of business.
2. The chairperson shall be entitled to vote on a matter when it is necessary to
break a tie or to make a quorum.
3. When a commissioner has stepped down because of a potential conflict of
interest, he or she shall not be counted for purposes of establishing a quorum
during considerations undertaken while he or she is not sitting with the
commission.
G. Public Meetings and Hearings. The planning commission will consider the land use
applications at a public meeting and shall recommend approval, approval with conditions,
or denial of an application. For legislative decisions, the planning commission will hold a
public hearing and shall recommend approval, approval with conditions, or denial of an
application. In making a recommendation, the planning commission shall consider the
applicable decision criteria of this code, the comprehensive plan, all other applicable law,
any necessary documents and approvals, and any testimony presented verbally or in
writing at the public meeting. If the applicable criteria are not met, the planning
commission shall recommend the proposal be subject to conditions or denied. A planning
commission recommendation is not a final decision and is not subject to appeal. The
planning commission's written recommendation and other documents upon which its
decision is based shall be immediately transmitted to the director and /or the hearing
examiner, as applicable.
H. Public Records. Minutes of each meeting, including a record of attendance, shall be
prepared by the secretary and approved and signed at a subsequent meeting. The minutes
do not need to reflect the actual discussion, but only the formal actions taken by the
planning commission. The meeting minutes shall be posted on the city's web site.
I. Consultants. Upon approval of the city council, the planning commission may
recommend the retention of a planning consultant who assists the planning commission in
its deliberations. The consultant shall be hired by the city.
J. Conflict of Interest. Planning commission members shall sign a conflict of interest
statement in UCCOrclanCC'. with the city's ethics pro'i�, aln upon appohiti lent and ly
reappointment. If a planning commission member has a financial interest in or is an
applicant, or if a planning commission member is a paid or unpaid advocate, agent or
representative for an applicant on a comprehensive plan amendment or land use
application that will be reviewed or considered by the planning commission, the planning
commission member shall not participate in a decision or recommendation on the
application, and he or she will be asked to leave the meeting facility prior to
commencement of discussion of that agenda item.
K. Support Staff. The planning staff shall perform the following roles in its work with the
planning commission:
1. Provide the initial record that includes the standards of review, relevant
municipal code and comprehensive plan provisions and provisions of other
permitting agencies. The staff report shall include findings of fact and conclusions
of law based on evidence in the record; and
2. Provide technical information and research, prepare documents and maintain
records. This includes drafting transmittal memos, preparing alternative findings
and conclusions when appropriate, and obtaining legal opinions from the city
attorney; and
3. Respond to questions and discussion of procedures; and
4. Assist the commission in articulating their collective will; and
5. Provide upon request formal opinions or recommendations from the city
attorney, city engineer, public works director or the director of planning and
community development on any matter that is pending before the planning
commission-.Land
6. Arrange for the provision of city email accounts to commission members and
related traitiin ; oii the cisc of email accocults, including personal computer privacy
expectations while serving on the commission.
G
Section 2. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 12th day of May, 2014.
APPROVED BY THE MAYOR this 12th day of May, 2014.
Anne S. Blair, Mayor
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, City 'lerk
FILED WITH THE CITY CLERK: April 23, 2014
PASSED BY THE CITY COUNCIL: May 12, 2014
PUBLISHED: May 16, 2014
EFFECTIVE DATE: May 21, 2014
ORDINANCE NUMBER: 2014 -18
VA