ORD NO. 2019-17 EXTENDING LANDMARK TREE REGULATIONS WINSLOW AREAORDINANCE NO. 2019-17
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted
pursuant to RCW 36.70A.390; amending the interim official control, codified as
Chapter 16.32 of the Bainbridge Island Municipal Code; leaving the effective date
of the interim official control unchanged; updating the work plan; narrowing the
applicability of Chapter 16.32 to only the Winslow Master Plan Study Area; and
extending the duration of the interim official control until December 26, 2019.
WHEREAS, within the express terms of the Growth Management Act, the Washington
State Legislature has specifically conferred upon the governing bodies of Washington cities the
right to establish and adopt interim official controls related to land uses; and
WHEREAS, the City Council of the City of Bainbridge Island ("City") updated the
City's Comprehensive Plan in February of 2017; and
WHEREAS, the City Council has significant concerns about development and growth in
the City under current regulations in the context of the vision and goals of the City's
Comprehensive Plan, has been discussing how to best accommodate growth and development in
both general and specific ways, and finds that there are likely to be adverse impacts on the City
and its citizens unless the City acts immediately to preserve the status quo; and
WHEREAS, land clearing and development activities have resulted in the removal and
loss of Landmark Trees on Bainbridge Island and the City has received numerous public
comments expressing concern regarding the loss of Landmark Trees on Bainbridge Island; and
WHEREAS, Landmark Trees, because of their age, size, and condition, are recognized
as having exceptional value in contributing to the character of the community; and
WHEREAS, the Planning Commission, Design Review Board, and the Ad Hoc
Tree/LID Committee have expressed concern regarding the loss of trees on Bainbridge Island
and the preservation of trees is a community value supported by the policies and goals of the
City's Comprehensive Plan; and
WHEREAS, on June 26, 2018, the City Council adopted Ordinance No. 2018-25, which
imposed an interim official control in the form of Chapter 16.32 BIMC, Preservation of
Landmark Trees, which designates Landmark Trees based on size and species, requires a permit
to remove any Landmark Tree, and imposes fines if a Landmark Tree is removed without a
permit; and
WHEREAS, on August 14, 2018, the City Council held a public hearing on Ordinance
No. 2018-25; and
WHEREAS, the City Council has previously amended the interim official control
adopted by Ordinance No. 2018-25 on August 21, 2018 (via Ordinance No. 2018-32), October 9,
2018 (via Ordinance 2018-42), and on December 11, 2018 (via Ordinance 2018-45); and
Page 1 of 4
WHEREAS, on October 16, 2018, the City Council authorized the City Manager to
contract with a team of arborists to review and make recommendations on City regulations
governing tree and vegetation removal, including Chapter 16.32 BIMC; and
WHEREAS, on November 27, 2018, the City Council first discussed Ordinance No.
2018-45; and
WHEREAS, in response to comments and input that City staff and the City Council
received regarding implementation and application of the landmark tree regulations, including
comments from many property owners and Puget Sound Energy about difficulty in meeting the
requirements of the regulations, City staff proposed amendments to the regulations to add
exceptions for the type of landmark tree removal that would be approved through permit review;
and
WHEREAS, in response to that input, on December 11, 2018, the City Council held a
public hearing on Ordinance No. 2018-45, and considered and adopted Ordinance No. 2018-45
and the work plan that was provided as Exhibit A to that ordinance; and
WHEREAS, the above described team of arborists provided their report and
recommendations to City staff, and the City Council discussed that report and those
recommendations at a Council study session on May 7, 2019; and
WHEREAS, additional time is needed for the City Council to review the
recommendations and consider the potential adoption of such recommendations that are
consistent with the vision and goals of the City's Comprehensive Plan; and
WHEREAS, on May 28, 2019, the City Council first discussed -this ordinance,
Ordinance No. 2019-17; and
WHEREAS, on June 11, 2019, the City Council held a public hearing on this ordinance,
Ordinance No. 2019-17, and considered this ordinance and the updated work plan that is
provided as Exhibit A to this ordinance; and
WHEREAS, at the June 11, 2019 City Council meeting, in response to input received,
the City Council made the policy decision to have Chapter 16.32 BIMC, Preservation of
Landmark Trees, apply only to those properties located within the Winslow Master Plan Study
Area as shown in Figure 2.3 of the Winslow Master Plan, updated November 8, 2006, and as
depicted in Exhibit B to this ordinance; and
WHEREAS, on June 25, 2019, the City Council considered and adopted this Ordinance
No. 2019-17 and the updated work plan that is provided as Exhibit A to this ordinance; and
WHEREAS, the interim official control promotes the public good and is necessary for
the protection of public health, property, safety and welfare, and the public emergency on which
the interim official control was imposed continues to exist and this ordinance does not change
Page 2 of 4
the basis for the that declaration of emergency nor the effective date of the interim official
control, which is June 26, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES HEREBY 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
interim official control, as initially established by Ordinance No. 2018-25 and as subsequently
amended by Ordinance Nos. 2018-32, 2018-42, and 2018-45.
Section 2. Duration of Interim Official Control Extended. The interim official control
is hereby amended, as also stated in Section 6 below, to extend the duration of the interim
official control until December 26, 2019, six months beyond the current expiration date which,
without this amendment, would be June 26, 2019.
Section 3. Interpretive Authority. The City of Bainbridge Island Director of Planning
and Community Development, or designee, is hereby authorized to issue official interpretations
arising under or otherwise necessitated by this ordinance.
Section 4. Interim Official Control Work Plan and Hearing. As provided for under
RCW 35A.63.220 and RCW 36.70A.390, the City may renew an interim official control 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 interim official control
as described herein based on the updated work plan that has been developed and is attached and
incorporated herein as-Exhibit_A_to_ this ordinance, the public licaring that is being held related to
this ordinance, and the findings of fact that have been made in this ordinance and the previous
ordinances related to this interim official control.
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. Declaration of Emergency; No Change to Previous Basis for Declaration
of Emergency or Effective Date; Extension of Duration. This ordinance, as a public
emergency ordinance necessary for the protection of the public health, public safety, public
property, and public peace, including as relates to ensuring that the interim official control at
issue herein does not expire prematurely, shall take effect and be in full force immediately upon
its adoption. Provided, that this ordinance is not intended to change the basis of the initial
emergency declaration stated in Ordinance No. 2018-25, which preceded this ordinance.
Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641 (1995), non -
exhaustive underlying facts necessary to support this emergency declaration are included in the
"Whereas" clauses of this ordinance and were included in the "Whereas" clauses in Ordinance
Page 3 of 4
Nos. 2018-25, 2018-32, 2018-42, and 2018-45 and all of those "Whereas" clauses are adopted as
findings of fact. This ordinance amending the interim official control shall extend the duration of
the interim official control for an additional six-month period, until December 26, 2019, unless
terminated earlier by the City Council. This ordinance does not change the effective date of the
interim official control, which is June 26, 2018. The Council may, at its sole discretion, renew
the interim official control for one or more six-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.
Section 7. Chapter 16.32 of the Bainbridge Island Municipal Code is hereby amended to
add a new applicability section as follows.
16.32.005 Applicability.
This chapter applies only to those properties located within the Winslow Master Plan
Study Area as shown in Figure 2.3 of the Winslow Master Plan, updated November 8,
2006.
PASSED BY THE CITY COUNCIL this 25th day of June, 2019,
APPROVED BY THE MAYOR this 25th day of June, 2019.
;7 111-57
'� 1 AJI.riinrH, ��ta
!far
SoY�neicllr, ACA -n
z)t"
ATTEST/AUTHENTICATE: XAa Y
D
Christine Brown, C City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COU1NCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
ATTACHED:
May 24, 2019
June 25, 2019
June 28, 2019
June 25, 2019
2019-17
Exhibit A, Exhibit B
Page 4 of 4
PROTECTION OF LANDMARK TREES
UPDATED WORK PROGRAM FOR INTERIM REGULATIONS (May 28, 2019)
ORDINANCE 2018-25 PROTECTION OF LANDMARK TREES:
COY 0/.
On June 26, 2018, the City Council adopted Ordinance No. 2018-25, which imposed an interim official control
governing the preservation, protection, and retention of Landmark Trees located on Bainbridge Island. The
interim official control created a new chapter of the municipal code: Chapter 16.32 BIMC, Protection of
Landmark Trees. The interim official control took effect immediately and will be extended until December 26,
2019, via the adoption of this current ordinance, Ordinance No. 2019-17, unless terminated earlier or
extended by the City Council.
Since being adopted, the City Council has amended the interim official control adopted by Ordinance No.
2018-25 three previous times: first on August 21, 2018 (via Ordinance No. 2018-32), on October 9, 2018 (via
Ordinance 2018-42), and on December 11, 2018 (via Ordinance 2018-45).
The City has developed and is proceeding based on the Updated Work Program described below to address
the issues related to preservation of larger trees raised by the adoption of the interim regulations set forth in
Ordinance Nos. 2018-25, 2018-32, 2018-42, and 2018-45, as well as this current ordinance, Ordinance No.
2019-17.
Fall 2018
On October 16, 2018, the City Council authorized the City Manager to contract with a team of arborists led by
Katy Bigelow and John Bornsworth to review and make recommendations on City regulations governing tree
and vegetation_ removal, including Chapter 16.32 BIMC. The City Manager negotiated and executed a contract
with the team of arborists, and the team's recommendations were received in December 2018.
May 2019
The City Council reviewed the final report and recommendations from the consultant arborists. The Council is
in the process of considering and providing policy direction to staff about which recommendations to pursue.
A possible result of that Council consideration could be proposed code changes, first reviewed by the Planning
Commission, and/or recommendations not related to the code such as improved outreach and education
materials.
July -August 2019
After the City Council provides policy direction to City staff, the Planning Commission would review any
drafted code changes (via a draft ordinance). After holding a public hearing, the Planning Commission would
make recommendations to the Council on a tree preservation, protection, and retention ordinance.
August -October 2019
The City Council would then review and take action on the proposed ordinance.
I
CL
I
I ba
=
L
I 5
I
I
I
I o
N I C
'I
m
I
H �
I
CO
I
X
----
ui
I r:;
i�
w7
m
r`
�i
I[
` -i- i -! i i i i i i i i i i i i i i i i. ■i i i,