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ORD NO. 2020-36 EXTENDING THE MORATORIUM ON SELF-SERVICE STORAGE FACILITIESPage 1 of 7 ORDINANCE NO. 2020-36 AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390; amending Ordinance No. 2020-12 that extended the moratorium on certain activities related to self-service storage facilities; continuing the basis for the emergency moratorium; providing for severability; leaving the effective date of the moratorium unchanged; and extending the moratorium for six months until May 26, 2021. 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 Business/Industrial (B/I) and Neighborhood Center (NC) districts within the City; and WHEREAS, only 109.23 acres of land on Bainbridge Island are within the B/I district, 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 the best 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 15.2 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 WHEREAS, self-service storage facilities on Bainbridge Island have been found to employ an average of one to two employees; and Page 2 of 7 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, 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 moratorium 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, work by City staff and the City Council has been impacted and delayed related to review of the regulations and policies at issue pertaining to this moratorium 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 April 28, 2020 meeting, the City Council considered options related to this moratorium and decided to set a public hearing for May 12, 2020 to receive public comment and consider whether to extend the moratorium for another six months via Ordinance No. 2020- 12; and WHEREAS, at that April 28, 2020 meeting, the City Council, based on public comment and Council discussion, directed the City Manager to amend the moratorium to exempt projects that are partially constructed and/or at some point built, and Ordinance No. 2020-12 and this ordinance include an exemption to meet the Council’s intent in that regard; and WHEREAS, on May 12, 2020, the City Council conducted a public hearing on Ordinance No. 2020-12 and the Council received and considered public comment related to that ordinance; and WHEREAS, on May 12, 2020, after considering such public comment, the City Council adopted Ordinance No. 2020-12 to extend this moratorium for six months, to November 26, 2020, unless the Council decided to terminate the moratorium earlier, and to otherwise amend the moratorium as stated in Ordinance No. 2020-12; and Page 3 of 7 WHEREAS, on September 8, 2020, City staff presented research on the City’s existing self-service storage facilities and related to how this use is regulated in other west Puget Sound jurisdictions, and after discussing and considering the information, the City Council directed staff to begin work on an ordinance to prohibit new self-service storage facilities and allow for expansion of existing self-service storage facilities; and WHEREAS, the Planning Commission discussed the topic of self-service storage facilities on September 24, 2020; and WHEREAS, the Planning Commission continued discussion of self-service storage facilities on October 8, 2020, including consideration of draft Ordinance No. 2020-34 related to that topic, and the Planning Commission set a public hearing on that ordinance for October 29, 2020; and WHEREAS, the Planning Commission conducted that public hearing on Ordinance No. 2020-34 on October 29, 2020; and WHEREAS, in that the existing moratorium related to self-service storage facilities is set to expire on November 26, 2020, and the Planning Commission and the City Council need additional time to work on and consider draft Ordinance No. 2020-34 related to a prohibition on new self-service storage facilities, it is necessary to extend the existing moratorium to allow for the completion of such additional consideration; and WHEREAS, on October 27, 2020, the City Council set a public hearing for November 10, 2020 to receive public comment and consider this Ordinance No. 2020-36 to extend the moratorium for another six months; and WHEREAS, on November 10, 2020, the City Council conducted a public hearing on this ordinance and the Council received and considered public comment related to the ordinance; 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. The public emergency that existed requiring that this moratorium become effective immediately upon adoption on November 26, 2019 continues to exist. 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 additional and supplemental findings of fact to the City Council’s initial findings of fact in support of the moratorium established by Ordinance No. 2019-40, and as extended by Ordinance No. 2020-12. Page 4 of 7 The City Council may, in its discretion, adopt additional findings after the public hearing referenced below. Section 2. Continuation of Existing Moratorium. 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 continuing the imposition of the temporary moratorium that was imposed by Ordinance No. 2019-40, and as extended by Ordinance No. 2020-12, 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. Section 3. Exclusions. A. 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. B. The moratorium imposed under Section 2 of this ordinance shall not apply to building permits and other land use approvals related to self-service storage facilities that received land use approval for such a facility prior to the effective date of this moratorium and for which self-service storage facilities exist currently on the subject property, and for which any new structures are included within what was approved for the site prior to the effective date of the moratorium. Section 4. Moratorium in Current Form Extended. The moratorium is hereby amended to extend the moratorium in its current form as specified in this ordinance for six months, which is until May 26, 2021. Section 5. 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 moratorium at its meeting on November 10, 2020, and took public testimony and considered further findings of fact. Section 6. 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. 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 moratorium, Ordinance Nos. 2019-40 and 2020-12, the City is hereby extending the moratorium 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 moratorium on November 10, 2020. Page 5 of 7 Section 7. Effect on Vested Rights. The moratorium extended by this ordinance shall apply prospectively only and shall operate to prevent acceptance of Permit Applications submitted after the effective date of this moratorium. 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 filed a complete Permit Application before the effective date of this moratorium. Section 8. 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 9. 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 10. 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 moratorium ordinances which preceded this ordinance, Ordinance Nos. 2019-40 and 2020-12, 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 Nos. 2019-40 and 2020-12, 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 moratorium, which is November 26, 2019. PASSED by the City Council this 10th day of November, 2020. APPROVED by the Mayor this 10th day of November, 2020. Leslie Schneider, Mayor ATTEST/AUTHENTICATE: Page 6 of 7 FILED WITH THE CITY CLERK: October 23, 2020 PASSED BY THE CITY COUNCIL: November 10, 2020 PUBLISHED: November 13, 2020 EFFECTIVE DATE: November 18, 2020 ORDINANCE NUMBER: 2020-36 Exhibit A (Work Plan) Page 7 of 7 EXHIBIT A SELF-SERVICE STORAGE FACILITIES MORATORIUM WORK PLAN (November 10, 2020) MORATORIUM – Self-Service Storage Facilities: On November 26, 2019, the City Council imposed a temporary six-month moratorium on the acceptance of building permit or land use permit applications for new self-service storage facilities in the Business/Industrial (B/I) and Neighborhood Service Center (NSC) zoning districts. The moratorium did not apply to permits required for upkeep, repair, or maintenance of existing self- service storage structures. The moratorium was initially in effect for 6 months, or until May 26, 2020, and was extended until November 26, 2020, and has been further extended via Ordinance No. 2020-36 to May 26, 2021. Under the moratorium extension, the moratorium continues to not apply to building permits and other land use approvals related to self-service storage facilities that received land use approval for such a facility prior to the effective date of this moratorium and for which self-service storage facilities exist currently on the subject property, and for which any new structures are included within what was approved for the site prior to the effective date of the moratorium, or November 26, 2019. On November 10, 2020, the City Council extended the moratorium for an additional 6 months via adoption of this current ordinance, Ordinance No. 2020-36. As a result, the moratorium will be in effect until May 26, 2021, unless terminated earlier or extended by the Council. The City has developed this updated Work Plan to address issues related to self-service storage facilities based on direction provided by the City Council: November 2020 The Planning Commission will complete their recommendation to the City Council on draft Ordinance No. 2020-34. December 2020 It is expected that the City Council will review and take action on proposed Ordinance No. 2020- 34. The Council could direct staff to terminate the moratorium once the legislative work is complete related to Ordinance No. 2020-34 which, as drafted, includes a prohibition related to new self-service storage facilities.