ORD 2008-22 POINT MONROE SEWER CPA 15193ORDINANCE NO, 2008-22
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the provision of sewer service to the Point Monroe area
and amending the Land Use, Environmental, and Water Resources
Elements of the Comprehensive Plan as follows: adding Policies W
8.3 and W 8.4 to the Urban Residential District subsection of the
Winslow Residential District subsection of the Winslow section of
the Land Use Element, amending Policy AQ 1.3 of the Aquatic
Resources section of the Environmental Element, adding a new
subsection entitled "Sand Spits," including Policy AQ 1.19 to the
Aquatic Resources section of the Environmental Element, amending
Policy FL 1.4 of the Frequently Flooded Areas section of the
Environmental Element, amending Policies SSP 2.1 and SSP 2.3 of
the Public Sanitary Sewer Policies section of the Water Resources
Element, and adding Figure 2c to Public Sanitary Sewer Policies
section of the Water Resources Element
WHEREAS, the City of Bainbridge Island (the "City") adopted a Comprehensive Plan on
September 1, 1994, which establishes the long-range vision for the island and identifies the
important characteristics that the community desires to retain, promote and foster; and
WHEREAS, the City adopted an updated Comprehensive Plan on December 8, 2004; and
WHEREAS, the City's Comprehensive Plan, required by the Growth Management Act,
includes a Land Use Element, which addresses the pattern of development on Bainbridge Island;
an Environmental Element, which addresses the natural environment of Bainbridge Island; and a
Water Resources Element, which addresses the management of water resources on Bainbridge
Island; and
WHEREAS, as part of the Governor's initiative to clean up Puget Sound, the
Washington State Parks and Recreation Commission ("State Parks") is building a "package"
sewer treatment facility to serve Fay Bainbridge State Park (the "Park"); and
WHEREAS, the package sewage treatment facility proposed for the Park will allow
additional capacity beyond the Park's needs, and State Parks has offered to provide additional
service to the City; and
WHEREAS, the Point Monroe and Lafayette neighborhoods are located immediately
north of the Park and rely upon on-site septic systems for sewage disposal; and
WHEREAS, on-site sewage septic systems can contribute to decreased water quality
through introduction of waste water and sewage into adjacent waters, particularly on narrow sand
spits such as Point Monroe, which provide limited absorption area and are vulnerable to
flooding; and
WHEREAS, provision of sewer service to the Point Monroe area would decrease the
introduction of waste water and sewage into adjacent waters; and
WHEREAS, the Point Monroe sand spit contains approximately 42 lots which are not
developed with single family residences, many of which contain little or no upland area, and
provision of sewer service to the Point Monroe area would affect existing development
constraints to existing building lots; and
WHEREAS, the Point Monroe sand spit and the adjacent tidal salt marsh and tidal
lagoon are unique and sensitive environments; and
WHEREAS, additional development on the Point Monroe sand spit could have
significant cumulative impacts on shoreline habitat, water quality, visual resources,
neighborhood character, and circulation; and
WHEREAS, Point Monroe is located in Zone A of the PTMA floodplain map (100 -year
flood zone); and
WHEREAS, the Planning Commission held two study sessions on this proposed
amendment to the Comprehensive Plan on May 22, 2008 and June 26, 2008; and
WHEREAS, the Planning Commission held a public hearing on July 10, 2008 and
continued this hearing until July 24, 2008 to consider public input, the staff recommendations
and the SEPA analysis; and
WHEREAS, the Planning Commission's findings and conclusions regarding its
recommendation were forwarded to the City Council for first reading on August 14, 2008; and
WHEREAS, on August 14, 2008 the City Council held first reading on the amendment
and referred the amendment to the Public Works and Transportation Committee; and
WHEREAS, the Public Works and Transportation Committee considered the record on
August 18 and 25, 2008 and forwarded the amendment to the Council for second reading and a
public hearing; and
WHEREAS, on September 10, 2008, the City Council held second reading and a public
hearing and referred the amendment to the Public Works and Transportation Committee to
I consider public comment; and
WHEREAS, the Public Works and Transportation Committee considered the record and
public comment on September 15 and October 13, 2008 and forwarded the amendment to the
Council recommending third reading and adoption of the amendment; and
WHEREAS, on October 22, 2008, the City Council held third reading on the
amendment, continued the third reading to November 12, 2008, and referred the amendment to
the Public Works and Transportation Committee; and
WHEREAS, on November 3, 2008, the Public Works and Transportation Committee
forwarded the amendment to the Council recommending withdrawal of the amendment; and
WHEREAS, on November 12, 2008, the City Council held third reading on the
amendment, continued the third reading to November 24, 2008, requested staff to evaluate
modified language, and referred the amendment to the Public Works and Transportation
Committee; and
WHEREAS, on November 17, 2008, the Public Works and Transportation Committee
forwarded the amendment to the Council recommending third reading; and
WHEREAS, on November 24, 2008, the City Council held third reading on the
amendment and considered the record, approved the amendment and adopted the findings of the
staff report dated May 8, 2008, as supplemented and revised by memorandums dated August 6,
2008 and October 15, 2008; now, therefore:
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN, AS FOLLOWS:
Section 1. New Policies W 8.3 and W 8.4 are added to the Urban Residential District
subsection of the Winslow Residential District subsection of the Winslow section of the Land Use
Element of the City of Bainbridge Island Comprehensive Plan as follows:
"W 8.3
The Urban Residential District on the Point Monroe sand spit is intended for
small, beach -oriented residences that are compatible with its sensitive
environmental setting.
W 8.4
New development or expansion of development in the Urban Residential District
on the Point Monroe sand spit shall consider the cumulative impacts of additional
requests for like actions on the remainder of lots on the sand spit. The total of
new development on the sand spit shall not produce substantial adverse effects on
the shoreline environment or neighborhood character, and shall prevent or
minimize flood damage through use of non-structural methods, such as increased
setbacks and vegetated buffers, in addition to design measures such as pile
foundations and elevated floor levels."
Section 2. Policy AQ 1.3 of the Aquatic Resources section of the Environmental Element of
the City of Bainbridge Island Comprehensive Plan is amended to read as follows:
"AQ 1.3
Require that vegetated buffers be maintained between proposed development and
the aquatic resource in order to protect the functions and values of such systems.
Degraded buffers should be restored to enhance their function. Reductions in
vegetated buffers shall be allowed only in areas where such reductions, if
consistently applied, would not result in significant cumulative impacts to aquatic
resources and fish and wildlife habitat."
Section 3. The following subsection is added to the Aquatic Resources section of the
Environmental Element of the City of Bainbridge Island Comprehensive Plan:
"Sand Spits
proposed development on sand spit properties shall be evaluated according to the
cumulative impacts of additional requests for like actions on the remainder of lots
on the sand spit.
Discussion: Sand spits have limited upland area and, with their proximity to
dynamic aquatic environments, are subject to impacts associated with flooding,
storm waves, liquefaction, sea level rise, and the cumulative impacts of
development on water quality, shoreline habitat, visual resources, and marine
environments However, redevelopment of existing structures, in accordance with
legal nonconforming structure regulations, shall not require cumulative impact
analysis."
Section 4. Policy FL 1.4 of the Frequently Flooded Areas section of the Environmental
Element of the City of Bainbridge Island Comprehensive Plan is amended to read as follows:
'TL 1.4
Public facilities such as sewer and water lines should be located outside of
frequently flooded areas, in order to minimize damage to either both the public
facility or and the natural environment. Public facilities may be located within
frequently flooded areas only if no environmentally preferable alternative exists to
mitigate existing environmental concerns and additional development is not
encouraged in frequently flooded areas."
Section 5. Policy SSP 2.1 of the Public Sanitary Sewer Policies section of the Water Resources
Element of the City of Bainbridge Island Comprehensive Plan is amended to read as follows:
"SSP 2.1
Public sewer service should be provided for areas designated in the
Comprehensive Plan, including Winslow, and the City -contracted service areas of
Sewer District 7 and the future service areas at Point Monroe Drive and Lafavette
Avenue. Such public sewer service shall not be used to justify development
counter to the Comprehensive Plan."
Section 6. Policy SSP 2.3 of the Public Sanitary Sewer Policies section of the Water
Resources Element of the City of Bainbridge Island Comprehensive Plan is amended to
read as follows:
"SSP 2.3
The City sewer service area for the south end of Bainbridge Island (contracted
service areas of the Sewer District 7) is shown on Figure 2b. Emergency service
or other minor modifications to Figure 2b, which are within the existing sewer
facility capacity, may be allowed with approval by the City Council by resolution,
but major service area expansions that require a facility capacity analysis shall be
evaluated under Policy SSP 2.7.
The future City sewer service areas for Point Monroe Drive and Lafayette Avenue
j (contracted service areas of the Washington State Parks and Recreation
Commission) shown on Figure 2c are established to address an existing
environmental problem and are not a necessary action to facilitate the growth
planned under the City's Comprehensive Plan. The future sewer service areas
shown in Figure 2c shall not become effective unless (1) a sewer treatment
facility is built by the Washington State Parks and Recreation Commission at Fay
Bainbridge State Park with capacity to serve the areas shown in Figure 2c and (2)
a local improvement district is successfully formed or other non -city funds are
secured to pay for the City's full cost of providing the infrastructure to serve the
areas shown in Figure 2c.
Future sewer service area A will become effective without further amendment to
the Comprehensive Plan when items 1 and 2 listed above are met.
Future sewer service area B will become effective without further amendment to
the Comprehensive Plan when the following requirements are met:
• Items 1 and 2 listed above are met; and
• The two lots fronting Puget Sound are aggregated into a single lot; and
• Development rights are extinguished through a conservation easement on
the three lots fronting the Pt Monroe Lagoon shown in Figure 2c as
"Conservation area related to future sewer service area B": and
• A shoreline variance permit application allowing the development of a
single-family residence is approved, issued, and survives anyappeal.
Future sewer service area C. will become effective without further amendment to
the Comprehensive Plan when the following requirements are met:
• Items I and 2 listed above are met; and
• The two lots are aggregated into a single lot; and
• A shoreline variance permit application allowing the development of a
single-family residence is approved, issued, and survives any appeal."
Discussion: Future sewer service to the Pt Monroe and Lafayette areas was
created because the Washington State Parks and Recreation Commission
proposed building a sewer treatment facility at Fay Bainbridge State Parks as part
of a larger effort to clean up and restore Puget Sound. State Parks offered the
excess capacity to serve adjacent areas where water quality would be benefitted
and the Pt Monroe and Lafayette neighborhoods requested the City to establish
sewer service that would be tied to the Fay Bainbridge State Park facility. Future
sewer service area A includes lots with existing homes and those that were
considered to be buildable with the need for variances. Future sewer service areas
B and C includes lots whose property owners requested sewer service knowing
that they would have to receive approval under a variance process and who
offered to aggregate lots and in one case extinguish development rights on several
lots The projected capacity of the proposed treatment plant would allow for 95
connections mond the capacity needed for State Park operations. Accordingly,
future sewer service areas A, B, and C would utilize all 95 connections.
Section 7. A new Figure 2c is added to the Public Sanitary Sewer Policies section of the Water
Resources Element of the City of Bainbridge Island Comprehensive Plan as follows:
Figure 2c: Point Monroe & Lafayette Future Sewer Service Areas
0 250 500 1.000
I
Feer
Puget Sound
01
Legend Nf
— Shoreline }
[j -j Parcels (Jan 2008) f
Future Sewer Service Area A
Future Sewer Service Area B
FJM Conservation Area Related to Future Sewer Service Area B
ff] Future Sewer Service Area C
PNB 11-19-2008
M
Section 8. If any section, sentence, clause or phrase of this ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 9. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 24°i day of November 2008.
APPROVED by the Mayor this 28°i day of November 2008.
2�2�stC/
Darlene Kordonowy, Mayor
ATTEST/AUTHENTICATE:
Pot', 1.'C9' --y. Va-'t7 4'—
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE, CITY CLERK: August 5, 2008
PASSED BY THE CITY COUNCIL: November 24, 2008
PUBLISHED: December 6, 2008
EFFECTIVE DATE: December 11, 2008
ORDINANCE NO.: 2008-22