ORD NO. 2020-13 EXTENDING LANDMARK TREE REGULATIONS WINSLOW AREAPage 1 of 5
ORDINANCE NO. 2020-13
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; and extending the
duration of the interim official control until December 26, 2020.
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 the 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 (former) 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 of the Bainbridge Island
Municipal Code (“BIMC”), Preservation of Landmark Trees, which designates Landmark Trees
based on size and species, requires a permit to remove any Landmark Tree, and imposes a fine 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, including on August 21, 2018 (via Ordinance No. 2018-32),
and on October 9, 2018 (via Ordinance No. 2018-42); and
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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 adopted 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, prior to the expiration of Ordinance No. 2018-45, the City Council
discussed Ordinance No. 2019-17 on May 28, 2019, held a public hearing on June 11, 2019, and
adopted Ordinance No. 2019-17 on June 25, 2019 and the work plan that was adopted as Exhibit
A to that ordinance, and that ordinance extended the duration of the interim official control and
narrowed Chapter 16.32 BIMC, Preservation of Landmark Trees, to 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 that
ordinance and this ordinance; and
WHEREAS, prior to the expiration of Ordinance No. 2019-17, on November 26, 2019,
the City Council held a public hearing on Ordinance No. 2019-39 and forwarded it for approval
on December 10, 2019; and
WHEREAS, on December 10, 2019, the City Council approved Ordinance No. 2019-39
and the updated work plan that was provided as Exhibit A to that ordinance; and
WHEREAS, on February 25, 2020, the City’s Department of Planning and Community
Development had a discussion with the City Council on potential next steps and revisions to the
municipal code regarding tree removal, forest stewardship and vegetation maintenance (Chapter
16.18 BIMC), landscaping and tree retention (e.g., BIMC 18.15.010), and landmark tree
regulations (Chapter 16.32 BIMC), and an extension of this interim control will allow staff and
the Council to work toward the goal of completing the legislative process to amend the code
prior to the expiration of this interim control; and
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WHEREAS, the Department of Planning and Community Development is
recommending clarifying language, definitions, and terminology regarding the regulations at
issue and to incorporate best management practices into the code as recommended by the
Community Forest Management Plan (“CFMP”); and
WHEREAS, additional time is needed for the Planning Commission, community, and
City Council to review the recommendations above described and consider the potential adoption
of such recommendations that are consistent with the vision and goals of the City’s
Comprehensive Plan; and
WHEREAS, due to the COVID-19 public health emergency and pandemic, tens of
thousands of persons in Washington State have contracted the virus and hundreds of persons
have died due to the virus thus far and during the time period that this interim official control has
been in effect, and the public health emergency is ongoing and is expected to continue for many
months, and likely much longer; and
WHEREAS, due to the COVID-19 public health emergency and pandemic, the City has
been engaged in essential work on a highest-priority basis related to the public health emergency,
and as a result City staff and the City Council have had to significantly adjust work priorities
accordingly to address the public health crisis, including related to work that the Council has
been able to consider at modified Council meetings during this time period; and
WHEREAS, as a result of the public health emergency, City staff and the City Council
have not had a meaningful opportunity to substantially consider the regulations and policies at
issue related to this interim control to ensure that the vision and goals of the City’s
Comprehensive Plan are being met to the Council’s satisfaction; and
WHEREAS, at its May 26, 2020 meeting, the City Council considered this interim
control and decided to set a public hearing for June 9, 2020 to accept public comment and
consider this ordinance to extend the interim control for another six months; and
WHEREAS, on June 9, 2020, the City Council conducted a public hearing on this
ordinance and the Council received and considered public comment related to this ordinance;
and
WHEREAS, on June 9, 2020, after considering such public comment, the City Council
adopted this ordinance to extend this interim control for six months, to December 26, 2020,
unless the Council terminates the interim control earlier, and to otherwise amend the interim
control as stated in this ordinance; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over the
City’s incorporated lands; and
WHEREAS, this interim 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 control was imposed continues to exist and this ordinance does not change the basis for
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that declaration of emergency nor the effective date of the interim 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, 2018-45, 2019-17, and 2019-39.
Section 2. Extension of Existing Interim Official Control. 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 this ordinance, the City Council is
hereby extending the imposition of the interim official control that was initially imposed by
Ordinance No. 2018-25, and was most recently extended by Ordinance No. 2019-39, as
described herein.
Section 3. Interim Official Control Extended. This interim official control is hereby
amended to extend the interim official control in its current form as specified in this ordinance
for six months, which is until December 26, 2020. This interim official control was narrowed
previously by Ordinance No. 2019-17 to apply only to properties located within the Winslow
Master Plan Study Area. See, BIMC 16.32.005 and the map included as Exhibit B (attached).
Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the
City Council conducted a public hearing on this extension of the interim official control at its
meeting on June 9, 2020, and took public testimony and considered further findings of fact.
Section 5. Interim Official Control Work Plan. 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. Pursuant to this ordinance, and based on the findings of fact
that are hereby adopted in this ordinance and which were adopted in the previous ordinances
related to this interim official control, including Ordinance Nos. 2018-25, 2018-32, 2018-42,
2018-45, 2019-17, and 2019-39, the City is hereby extending this interim official control for an
additional six months based on the work plan as incorporated herein (see attached Exhibit A).
These supplemental findings of fact and the work plan incorporated herein are being adopted
after the City Council conducted a public hearing on this interim official control on June 9, 2020.
Section 6. Effect on Vested Rights. 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 and applicable land use permit application before the effective
date of this interim official control.
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Section 7. 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 8. 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 9. No Change to Basis for Declaration of Emergency or Effective Date. This
ordinance shall take effect and be in full 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 declaration stated in the interim official control ordinances which preceded this
ordinance, including Ordinance Nos. 2018-25, 2018-32, 2018-42, 2018-45, 2019-17, and 2019-
39, 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 interim
official control were included in the “Whereas” clauses of Ordinance Nos. 2018-25, 2018-32,
2018-42, 2018-45, 2019-17, and 2019-39, as well as in this ordinance, and those “Whereas”
clauses are adopted as findings of fact. This ordinance does not change the effective date of this
interim official control, which is June 26, 2018.
PASSED BY THE CITY COUNCIL this 9th day of June, 2020.
APPROVED BY THE MAYOR this 9th day of June, 2020.
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: May 22, 2020
PASSED BY THE CITY COUNCIL: June 9, 2020
PUBLISHED: June 12, 2020
EFFECTIVE DATE: June 17, 2020
ORDINANCE NUMBER: 2020-13
ATTACHED: Exhibit A (Work Plan), Exhibit B (Winslow Master
Plan Study Area)
EXHIBIT A (REVISED)
PROTECTION OF LANDMARK TREES
UPDATED WORK PLAN FOR INTERIM REGULATIONS (May 26, 2020)
INTERIM OFFICIAL CONTROL REGULATIONS – PROTECTION OF LANDMARK TREES:
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 has been extended until December 26, 2020, via the adoption
of this current ordinance, Ordinance No. 2020-13, unless terminated earlier or extended by the City Council.
The City Council has amended the interim official control initially adopted by Ordinance No. 2018-25, including on
August 21, 2018 (via Ordinance No. 2018-32), on October 9, 2018 (via Ordinance No. 2018-42), on December 11,
2018 (via Ordinance No. 2018-45), on June 25, 2019 (via Ordinance No. 2019-17), and on November 26, 2019 (via
Ordinance No. 2019-39).
The City has developed and is proceeding based on the Updated Work Plan described below to address the issues
related to preservation of larger landmark trees raised by the adoption of the interim regulations set forth in
Ordinance Nos. 2018-25, 2018-32, 2018-42, 2018-45, and 2019-17, and 2019-39, as well as in this current ordinance,
Ordinance No. 2020-13.
June – August 2020
It is expected that City staff will brief the Planning Commission on the approach that was presented and approved
by the City Council on February 25, 2020 related to tree removal and the vegetation management permit and
landmark tree chapters. Based on the Planning Commission’s feedback and input, still City staff will draft code
changes.
August 2020
Staff would then provide such draft code changes to the Planning Commission and invite community participation.
September 2020
Based on further input, it is expected that staff will refine the proposed code changes and present them to the
Planning Commission (via a draft ordinance). After holding a public hearing, the Planning Commission would then
make a recommendation to the Council on tree removal and the vegetation management permit and landmark tree
chapters.
October 2020
The proposed code changes would then be provided to the Council for review and consideration. After such review
and consideration, the Council could take action to approve an amendment to the tree removal and the vegetation
management permit and landmark tree chapters.
November – December 2020
Following the passage of the new regulations as above described, staff will perform outreach and educate the public
about best tree practices and the new regulations.
EXHIBIT B
(Winslow Zoning Map)
Winslow Master Plan
Study Area