ORD NO. 2019-40 ADOPTING A MORATORIUM ON SELF-STORAGE FACILITIESORDINANCE NO. 2019-40
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted
pursuant to RCW 35A.63.220 and RCW 36.70A.390; imposing a
temporary six-month moratorium on the acceptance of building permit
applications or land use applications for self-service storage facilities
located, or proposed to be located, in the Business/Industrial or
Neighborhood Center districts; setting forth findings of fact in support of
this moratorium; imposing the moratorium; stating the effect on vested
rights; providing for exclusions; recognizing that a public hearing will be
held within 60 days; authorizing interpretative authority; providing for
severability; declaring an emergency; setting the duration; and establishing
an immediate effective date.
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 moratoria 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, self-service storage facilities are currently a permitted use in the
City's Business/Industrial (13/1) and Neighborhood Center (NC) districts; and
WHEREAS, the B/I district includes only 109.23 acres of land on Bainbridge
Island, which constitutes 0.63% of the total acreage of land on Bainbridge Island; and
WHEREAS, Policy 1.5 of the Economic Element of the City's Comprehensive
Plan states that "[i]n order to provide opportunities for business enterprise, adequate
space must be provided for efficient use of existing developed areas near public
transportation (e.g., ferry, bus service) and for growth that recognizes and protects the
Island's valued natural amenities, its limits of land and water and the quality of its
residential neighborhoods"; and
WHEREAS, given the limited amount of land within the B/I district, the City
Council has a significant interest in ensuring that the use of such land provides
opportunities for business enterprise within the City; and
WHEREAS, the City Council has significant concerns regarding further
development of self-service storage facilities within the B/I district under current
regulations in the context of the vision and goals of the City's Comprehensive Plan; and
WHEREAS, Policy 15.1 of the Economic Element of the City's Comprehensive
Plan is to "[p]romote manufacturing and business/industrial employment as an important
source of family wage jobs on Bainbridge Island"; and
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WHEREAS, self-service storage facilities have been found in other Washington
jurisdictions to employ approximately one person per acre; and
WHEREAS, the City Council has significant concerns regarding whether self-
service storage facilities create family wage jobs as compared to other possible permitted
uses within the B/I district; and
WHEREAS, the City Council has similar concerns regarding self-service storage
facilities located in the NC district as it does with such facilities located in the B/I district;
and
WHEREAS, based on these and related concerns, the City Council requires
additional time to review the regulations and policies at issue to ensure that the vision and
goals of the City's Comprehensive Plan are being met to the Council's satisfaction; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority
over the City's incorporated lands; and
WHEREAS, the moratorium imposed herein promotes the public good and is
necessary for the protection of public health, property, safety, and welfare. A public
emergency exists requiring that the City's moratorium takes effect immediately upon
adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as
the City Council's initial findings of fact in support of the moratorium established by this
ordinance. The City Council may, in its discretion, adopt additional findings after the
public hearing referenced in Section 5 below.
Section 2. Moratorium Imposed. As authorized by the police powers of the City
as set forth, for example, in Article XI, Section 11, of the Washington State Constitution,
and pursuant to statutory authority set forth, for example, in RCW 36.70A.390 and RCW
35A.63.220, and unless expressly excluded under Section 3 and Section 4 of this
ordinance, the City hereby imposes a temporary moratorium, as described in this Section
2, for those properties requesting the following ("Permit Applications"):
All building permit applications or land use applications for self-service
storage facilities located, or proposed to be located, in the
Business/Industrial or Neighborhood Center districts.
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Section 3. Effect on Vested Rights. The moratorium imposed under Section 2 of
this ordinance shall apply prospectively only and shall operate to prevent acceptance of
Permit Applications submitted after the effective date of this ordinance. Nothing in this
ordinance shall be construed to extinguish, limit, or otherwise infringe on any permit
applicant's vested development rights as defined by state law and City of Bainbridge
Island regulations, provided that such a permit applicant has filed a complete Permit
Application before the effective date of this ordinance.
Section 4. Exclusions. The moratorium imposed under Section 2 of this
ordinance shall not apply to permits required for upkeep, repair, or maintenance of
existing self-service storage structures or work mandated by the city to maintain public
health and safety.
Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Council shall hold a public hearing at a City Council meeting within 60 days of
adoption of this ordinance in order to take public testimony and to consider adopting
further findings of fact.
Section 6. 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 7. 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 8. Declaration of Emergency; Effective Date; Duration. This
ordinance, as a public emergency ordinance necessary for the protection of the public
health, public safety, public property, and public peace, shall take effect and be in full
force immediately upon its adoption. 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 above, all of
which are adopted by reference as findings of fact as if fully set forth herein. This
moratorium shall take effect immediately and shall remain effective for six (6) months,
unless terminated earlier by the City Council. Provided, that the Council may, at its sole
discretion, renew the moratorium 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.
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PASSED by the City Council this 26th day of November, 2019.
APPROVED by the Mayor this 26th day of November, 2019.
ATTEST/AUTHENTICATE:
C irlstine Brown, CM , ity Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
Kol Medina, Mayor
November 26, 2019
November 26, 2019
December 6, 2019
November 26, 2019
2019-40
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