ORD NO. 2018-09 AMENDING MORATORIUM ORDINANCEORDINANCE NO. 2018-09
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant
to RCW 35A.63.220 and RCW 36.70A.390; amending Section 3 and Section 5 of
Ordinance No. 2018-05 to amend the activities subject to the moratorium and to
clarify exclusions to the moratorium; providing for severability; and leaving the
effective date and duration of the moratorium unchanged.
WHEREAS, on January 9, 2018, the City Council enacted Ordinance No. 2018-02 and
thereby established a temporary emergency moratorium on the acceptance and processing of
certain Permit Applications, as defined in Section 2 of Ordinance No. 2018-02; and
WHEREAS, the City Council and City staff received feedback and comment from
individuals related to the moratorium and, based partly on that feedback and comment, the
Council determined that certain exclusions to the moratorium needed to be amended to clarify
the Council's intent regarding such exclusions; and
WHEREAS, on January 16, 2018, the Council enacted Ordinance No. 2018-03, which
amended Ordinance No. 2018-02 to clarify some of the exclusions; and
WHEREAS, the Council and City staff received additional feedback and comment from
individuals related to the moratorium and, based partly on that feedback, the Council determined
that further amendment was necessary to clarify which types of activities are subject to the
moratorium, and which activities are excluded from the moratorium; and
WHEREAS, on February 15, 2018, the Council enacted Ordinance No. 2018-05, which
amended and restated Ordinance No. 2018-02 and Ordinance No. 2018-03; and
WHEREAS, based on additional information and consideration related to educational
facilities and preschools, as well as related to the applicability of the moratorium in the Mixed
Use Town Center/Central Core Overlay District, on February 27, 2018, the Council passed two
motions directing staff to prepare amendments to Ordinance No. 2018-05 to further clarify which
types of activities are subject to the moratorium, and which activities are excluded from the
moratorium, and those revisions have been incorporated into this new ordinance; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over the
City's incorporated lands; and
WHEREAS, the moratorium promotes the public good and is necessary for the
protection of public health, property, safety, and welfare, and the public emergency on which this
moratorium was imposed continues to exist and this ordinance does not change the basis for that
declaration of emergency nor the effective date of the moratorium, which is January 9, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. Findings of Fact. The recitals set forth above are hereby adopted as additional
and supplemental findings of fact to the City Council's initial findings of fact in support of the
moratorium, as established by Ordinance Nos. 2018-02, 2018-03, and 2018-05.
Section 2. Moratorium Amended. Section 3 of Ordinance No. 2018-05 is hereby
amended as follows related to the activities to which the moratorium applies:
C. Major Site Plan and Design Review and Major Conditional Use Permit proposals that
are not otherwise subject to this moratorium and that did not, before the effective date
of the moratorium, have a pre -application conference on the Planning Department's
calendar. Provided, that the moratorium does not appy to Major Site Plan and Design
Review and Major Conditional Use Permit proposals for properties located in the
Mixed Use Town Center/Central Core Overlay District.
Section 3. Moratorium Amended. Section 5 of Ordinance No. 2018-05 is hereby
amended as follows related to exclusions to the moratorium:
B. Permits and approvals for government facilities and structures;
, K 12, and higher edueatieff faeilifies educational
facilities and preschools; wireless communication facilities; and emergency medical
and disaster relief facilities.
Section 4. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 5. No Change to Basis for Declaration of Emergency; Effective Date;
Duration. This ordinance shall take effect and be in force five (5) days from and after its passage
and publication as required by law. Provided, that this ordinance is not intended to change the
basis of the emergency declarations stated in the three moratorium ordinances which preceded
this ordinance, Ordinance Nos. 2018-02, 2018-03, and 2018-05. Pursuant to Matson v. Clark
County Board of Commissioners, 79 Wn. App. 641 (1995), non -exhaustive underlying facts
necessary to support the emergency declarations adopted as part of the enactment of this
moratorium were included in the "Whereas" clauses of Ordinance No. 2018-02 and Ordinance
No. 2018-03, and were restated and supplemented in Ordinance No. 2018-05, as well as in this
ordinance, and those "Whereas" clauses are adopted as findings of fact. This ordinance
amending the moratorium shall remain effective for the six (6) month period as established for
the moratorium, which moratorium has an effective date of January 9, 2018, unless terminated
earlier by the City Council. The Council may, at its sole discretion, renew the moratorium for
one or more six (6) month periods in accordance with state law. This ordinance or a summary
thereof consisting of the title shall be published in the official newspaper of the City.
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PASSED by the City Council this 13th day of March, 2018.
APPROVED by the Mayor this 13th day of March, 2018.
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
iristine Brown, City erk
FILED WITH THE CITY CLERK March 9, 2018
PASSED BY THE CITY COUNCIL March 13, 2018
PUBLISHED: March 16, 2018
EFFECTIVE DATE: March 21, 2018
ORDINANCE NO: 2018-09
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