ORD NO. 2018-41 EXTENDING MORATORIUM ORDINANCEORDINANCE NO. 2018-41
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant
to RCW 35A.63.220 and RCW 36.70A.390; amending Ordinance No. 2018-23,
leaving the effective date of the moratorium unchanged; and extending the
moratorium until April 8, 2019.
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 October 9, 2018, which is the date that the moratorium is
currently set to expire; and
WHEREAS, the City Council approved Ordinance 2018-14 on April 24, 2018, amending
the development moratorium in order to have the provisions of Section 3.B. 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, June 4 and 19, July 16, August 6 and 20, and on
September 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
WHEREAS, during May through September, 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, the City's Planning Commission has completed its review of land use
review procedures and forwarded the recommendations on these issues to the City Council, but
has not completed its review of revisions to the City's subdivision standards and dimensional
standards; and
WHEREAS, City staff, working with the Design Review Board, has selected a
consultant team to provide 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 July 2019, 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 the City Council had a special
workshop related to land use review procedures on August 27, 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, the Affordable Housing Task Force presented its final report to the City
Council on July 24, 2018 and the Council discussed the recommendations more thoroughly on
August 21, 2018; 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, June 19, July 17, August 21 and September 4
and 18, 2018 the City Council was provided moratorium work program status report updates;
and
WHEREAS, the City Council held a public hearing and approved Ordinance 2018-23 on
June 26, 2018, extending the development moratorium for another 90 days until October 9, 2018;
and
WHEREAS, although the City has been working to address the land use issues identified
in the development moratorium, as described above, the work is ongoing and not completed; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over the
City's incorporated lands; and
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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, 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, 2018-14,
and 2018-23.
Section 2. Moratorium Amended. Section 3 of Ordinance No. 2018-05, as amended by
Ordinance Nos. 2018-09 and 2018-14, is hereby amended as follows related to the activities to
which the moratorium applies:
A. All applications for new short subdivisions (BIMC 2.16.070), except two -lot short
subdivisions in which there is an existing single-family_ residence, new preliminary
long subdivisions (BIMC 2.16.125), and new large lot subdivisions (BIMC 2.16.080).
B. Structures, buildings, and land use permits and approvals in the R-1, R-2, and R-0.4
zones within the City's shoreline jurisdiction areas (see Chapter 16.12 BIMC):
(i) That will result in less than 65% of the subject property being retained as native
vegetation; or
(ii) That will result in reducing the native vegetation on the subject property by any
amount if that property had native vegetation existing on less than 65% of the
property as of the effective date of the moratorium.
(iii) Provided, that this Section B does not apply to complete land use applications
(see BIMC Table 2.16.010-1) that were submitted prior to the effective date of the
moratorium, and to the resultant site work and associated approvals related to
such complete land use applications.
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 apply 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.
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Section 3. Moratorium Amended. The moratorium is hereby amended, as also stated in
Section 6 below, to extend the moratorium until April 8, 2019, one hundred and eighty (180)
days beyond beyond the current nine-month duration of the moratorium, which, without this
amendment, would expire on October 9, 2018.
Section 4. 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 5. 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 6. 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 six moratorium ordinances which
preceded this ordinance, Ordinance Nos. 2018-02, 2018-03, 2018-05, 2018-09, 2018-14 and
2018-23, 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 Nos. 2018-14 and 2018-23, 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 nine month moratorium until April 8, 2019 for an additional one hundred
and eighty (180) days, 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 25th day of September, 2018.
APPROVED by the Mayor this 25th day of September, 2018.
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
istine Brown, erk
FILED WITH THE CITY CLERK September 21, 2018
PASSED BY THE CITY COUNCIL September 25, 2018
PUBLISHED: September 28, 2018
EFFECTIVE DATE: October 3, 2018
ORDINANCE NO: 2018-41
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