ORD NO. 2018-23 AMENDING ORD NO. 2018-14 LEAVING THE EFFECTIVE DATE OF MORATORIUM UNCHANGED & EXTENDING 90 DAYSORDINANCE NO. 2018-23
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant
to RCW 35A.63.220 and RCW 36.70A.390; amending Ordinance No. 2018-14,
leaving the effective date of the moratorium unchanged; and extending the
moratorium for an additional 90 days.
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 March 13, 2018, the Council approved
Ordinance No. 2018-09 to further clarify which types of activities are subject to the moratorium,
and which activities are excluded from the moratorium; and
WHEREAS, this moratorium was imposed, in part, to allow the Council and City staff
adequate time to complete the Critical Areas Ordinance Update process, and to address the
Council's concerns about the City's development review process, standards, and guidelines, as
well as regarding affordable housing related issues; and
WHEREAS, the Council adopted the Critical Areas Ordinance Update (Ordinance No.
2018-01) on February 27, 2018, and the updated Critical Areas Ordinance took effect on April
23, 2018; and
WHEREAS, critical areas within the City's shoreline jurisdiction are regulated by the
City's shoreline master program (see, e.g., Chapter 16.12 BIMC, RCW 36.70A.480(3)(b)); and
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WHEREAS, integration of applicable critical areas regulations into the shoreline master
program is essential to ensuring adequate protection of critical areas within the shoreline
jurisdiction and no net loss of shoreline ecological functions; and
WHEREAS, regulations for critical areas within the City's shoreline jurisdiction are in
the process of being updated through an amendment of the City's shoreline master program
consistent with the Shoreline Management Act and, at this time, that amendment process is not
expected to be complete before July 9, 2018, which is the date that the moratorium is currently
set to expire; and
WHEREAS, the City Council approved Ordinance 2014-14 on April 24, 2018, amending
the development moratorium in order to have the provisions of Section 3.13. only apply within
the City's shoreline jurisdiction areas (Chapter 16.12 BIMC); and
WHEREAS, a number of moratorium priorities were identified at a joint meeting of
the City's Design Review Board and Planning Commission on February 22, 2018, including
the following:
(1) Revise review procedures for preliminary subdivisions to include the
Design Review Board and Planning Commission in process; and
(2) Analyze alternatives to decision-making authority for the Design Review
Board, Planning Commission, and Hearing Examiner for subdivisions, conditional use permits,
and site plan and design review; and
(3) Identify specific development standards to review/revise in Chapters 18.12
and 18.15 of the Bainbridge Island Municipal Code; and
(4) Initiate rewrite of subdivision design standards in Chapter 17.12 of the
Bainbridge Island Municipal Code; and
WHEREAS, at the April 3, 2018, City Council study session, the City's Department of
Planning and Community Development provided a briefing on the Design Review Board and
Planning Commission joint meeting wherein the City Council authorized staff to proceed with a
work plan addressing the priorities identified at the joint meeting; and
WHEREAS, on May 7 and 21 and on June 4, 2018, the City's Design Review Board
discussed alternatives for revisions to the City's subdivision standards, dimensional standards,
and land use review procedures, and a subset of the City's Planning Commission attended those
meetings; and
WHEREAS, on May 10 and 24, June 7, June 14, and June 21, 2018, the City's Planning
Commission discussed alternatives for revisions to the City's subdivision standards, dimensional
standards, and land use review procedures; and
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WHEREAS, on June 21, 2018, the City's Planning Commission completed its review of
revisions to the City's land use review procedures related to the Planning Commission's roles
and responsibilities and forwarded recommendations on these issues to the City Council; and
WHEREAS, the City's Planning Commission expects to complete its review of revisions
to the City's subdivision standards, dimensional standards, and land use review procedures and
forward recommendations on these issues to the City Council at an upcoming meeting or
meetings; and
WHEREAS, City staff is working with the Design Review Board on a scope of services
to solicit professional services to update the City's Design Guidelines (BIMC 18.18.030), which
is work that is not expected to be completed until the end of 2018, and;
WHEREAS, each of the multiple Design Review Board and Planning Commission
meetings as described above included an opportunity for public comment on the alternatives for
revisions to the City's subdivision standards, dimensional standards, and land use review
procedures; and
WHEREAS, the City provided legal background on the roles of land use bodies,
presented in a memorandum from attorney James E. Haney (outside legal counsel for the City)
entitled, "Roles of City Council, Planning Commission, Design Review Board, and Hearing
Examiner in Land Use Permits, " dated June 1, 2018; and
WHEREAS, the Affordable Housing Task Force has been meeting monthly and recently
met to review its draft final report for the City Council and expects to have a final report issued
in mid-July, 2018; and
WHEREAS, on June 12, 2018, the City Council authorized the execution of a
professional services agreement to conduct an economic market analysis and feasibility study
regarding a new inclusionary zoning program and updates to the City's Transfer of Development
Rights program, both of which address affordable housing related issues; and
WHEREAS, on February 27, 2018, the City Council was provided with a moratorium
work program; and
WHEREAS, on April 10, May 22, June 5, and June 19, and June 26, 2018, the City
Council was provided moratorium work program status report updates; and
WHEREAS, the City Council held a public hearing on June 26, 2018, related to
extending the development moratorium; 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
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moratorium was imposed continues to exist and this ordinance does not change the basis for that
declaration of emergency, except as described above, 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:
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, 2018-05, 2018-09, and 2018-
14.
Section 2. Moratorium Amended. The moratorium is hereby amended, as also stated in
Section 5 below, to extend the moratorium for ninety (90) days beyond the current six month
duration of the moratorium, which, without this amendment, would expire on July 9, 2018.
Section 3. Moratorium Work Plan. As provided for under RCW 35A.63.220 and RCW
36.70A.390, the City may renew a moratorium for one or more six-month periods if a work plan
has been developed, a public hearing has been held, and findings of fact have been made, and the
City is hereby extending the moratorium as described herein based on the work plan that has
been developed and the findings of fact that have been made in this ordinance and the previous
ordinances related to this moratorium.
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 and Effective Date;
Extension to 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 five moratorium ordinances which
preceded this ordinance, Ordinance Nos. 2018-02, 2018-03, 2018-05, 2018-09, and 2018-14,
except as described in the "Whereas" clauses of this ordinance. 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, Ordinance No.
2018-09, and Ordinance No. 2018-14, as well as in this ordinance, and those "Whereas" clauses
are adopted as findings of fact. This ordinance amending the moratorium shall extend the current
six month moratorium for an additional ninety (90) days beyond that initial six month period,
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 26th day of June, 2018.
APPROVED by the Mayor this 26th day of June, 2018.
ATTEST/AUTHENTICATE:
C
Clerk
FILED WITH THE CITY CLERK
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
Kol Medina, Mayor
ERR � G!i � u-EipFo/L
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June 15, 2018
June 26, 2018
June 29, 2018
July 5, 2018
2018-23
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