ORD 2001-18 PUD/SUB/SPR MORATORIUMORDINANCE NO. 2001-18
AN ORDINANCE OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, IMPOSING A MORA-
TORIUM ON APPLICATIONS FOR pLANNED UNIT
DEVELOPMENTS, SUBDMSIONS, AND SITE PLAN
REVIEW, WHERE A REQUEST IS MADE UNDER
BIMC 16.20.090C.2 TO INCLUDE SOME OR ALL OF
A WETLAND OR WETLAND BUFFER AREA IN THE
DENSITY CALCULATION FOR THE APPLICATION;
WHEREAS, in Ordinance No. 92-07, the City adopted a critical areas ordinance,
codified at Chapter 16.20 BIMC, to protect environmentally sensitive areas, including
wetlands and wetland buffers; and
WHEREAS, the Bainbridge Island Comprehensive Plan provides for the protection
of wetlands and wetland buffers, and allows some density transfer from wetlands and buffer
areas; and
WHEREAS, prior to J~un¢ 28, 2000, BIMC 16.20.090C allowed an applicant for a
planned unit development, subdivision, or short subdivision to include some or all of the
wetland area in the density calculation for the development on a case-by-case basis, based on
certain stated criteria; and
WHEREAS, the City determined that this version of BIMC 16.20.090C did not
adequately protect critical areas in the City, and did not provide sufficient predictability in
density calculations to protect critical areas and to assure proper planning and design of
residential development through the flexible lot design subdivision ordinances; and
WHEREAS, on June 28, 2000, the. City Council passed Ordinance No. 2000-13,
amending BIMC 16.20.090C relating to the extent of credit for density allowed for areas of a
site that are covered by wetlands or wetland buffers; and
WHEREAS, on February 26, 2001, the Growth Management Heatings Board
invalidated Ordinance No. 2000-13 and remanded the Ordinance to the City with direction for
the City to conduct additional public participation on the Ordinance; and
WHEREAS, the City is in the process of complying with the order of the Growth
Management Heatings Board; and
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VOtEREAS, in BIMC 16.20.010, the City Council finds that wetlands and wetland
buffers are cr/tical areas of special concern to the City; and
WHEREAS, in BIMC 16.20.010, the City Council declares that it is the intent of
Chapter 16.20 BIMC to protect the public health, safety and welfare, in part by: (1) avoiding
impacts to critical areas, (2) minimizing or limiting the degree or magnitude of an action by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts, (3)
reducing impacts, (3) reducing the potential for personal injury, loss of life, or property
damage due to flooding, erosion, landslides, seismic events, or soil subsidence, (4) protecting
against publicly financed expenditures due to the misuse of critical areas, (5) protecting
aquatic areas, (6) protecting unique, fragile, and valuable elements of the environment,
including wildlife and its habitat, (7) alerting appraisers, assessors, owners, potential buyers,
or lessees to the development limitations of critical areas when approving, conditioning, or
denying public or private development proposals; and
WHEREAS, the City needs additional time to complete the public participation
process required by the Growth Management Hearings Board order; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt
a moratorium on development and to hold a public hearing on the moratorium within 60 days
of the commencement of the moratorium; and
WHEREAS, the City Council has determined that a moratorium is necessary for the
protection of the public health, safety, property, or peace, including the protection of critical
areas in the City; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, DO
ORDAIN AS FOLLOWS:
Section 1. Imposition of Moratorium. A moratorium is imposed on the filing of
new applications for planned unit development, subdivision, short subdivision, and site plan
review approval, where a request is made under BIMC 16.20.090C.2 to include some or all of
a wetland or wetland buffer area in the density calculation for the application.
Section 2. T~m of Moratorium.' The moratorium imposed in this ordinance shall
become effective and be in force five days from and after its passage, approval and publication
and shall continue in effect until and including September 28, 2001, unless repealed, extended
or modified by the City Council after subsequent public hearing and entry of appropriate
findings of fact pursuant to RCW 35A.63.220.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinanc~ shall be held to be invalid or unconstitutional by a court of competent jurisdiction,
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such invalidity or unconstitutionality shall not effect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Section 4. Effective date.. This ordinance shall take effect and be in force five
days from and after its passage, approval and publication as required by law.
PASSED by the City Council this 28~ day of March 2001.
APPROVED by the Mayor this 29a day of March 2001.
Dwigl~ §~tton, Mayor
ATTEST/AUTHENTICATE:
§~san Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
March28,2001
March28,2001
March 31, 2001
April5,2001
2001-18
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