ORD 2001-25 PUD/SUB/SHORT SUB/SPR MORATORIUMORDINANCE NO. 2001-25
AN ORDINANCE of the City of Bainbridge Island, Washington, adopting
findings of fact supporting the City's moratorium on applications for planned
unit developments, subdivisions, short subdivisions, 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; and adding
a new section to Ordinance No. 2001-18.
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, the City has adopted a critical areas ordinance, codified at Chapter 16.20
BIMC, to protect environmentally sensitive areas, including wetlands and wetland buffers; and
WHEREAS, prior to June 28, 2000, BIMC 16.20.090C allowed an applicant for a
planned unit development, subdivision, or short subdivision to include some or all of a
wetland's 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 regulation 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; and
WHEREAS, on June 28, 2000, the City Council passed Ordinance No. 2000-13,
amending BIMC 16.20.090C relating to the 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 Hearings Board
invalidated Ordinance No. 2000-13 and remanded the Ordinance to the City with direction that
the City conduct additional public participation on the Ordinance; and
WHEREAS, the City is in the process of complying with the order of the Growth
Management Hearings Board, but needs additional time to complete the required public
participation process; 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, on March 28, 2001, the City Council adopted Ordinance No. 2001-18,
imposing a moratorium on the filing of new applications for planned unit development,
I)OCS\94700\ 105\217931.01 05/10/01 -1-
subdivision, short subdivision, 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; and
WHEREAS, on April 25, 2001, the City Council set a hearing on the moratorium
imposed in Ordinance No. 2001-18 for May 9, 2001; and
WHEREAS, on May 9, 2001, the City Council held the public hearing on the
moratorium imposed in Ordinance No. 2001-18, at which time members of the public had the
opportunity to comment on the moratorium; and
WHEREAS, the City Council has determined that the moratorium is necessary for the
protection of the public health, safety, property, or peace, including the protection of critical
areas in the City; and
WHEREAS, the City Council desires to enter the findings set forth in this ordinance to
support the moratorium as required by RCW 35A.63.220 and RCW 36.70A.390; now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, DO ORDAIN
AS FOLLOWS:
Section 1. Establishment of Findings. A new Section 5 is added to Ordinance No.
2001~18 as follows:
FiELo,.0ji~. Based upon public testimony and other evidence submitted at the
public hearing held on May 9, 2001, the City Council enters the following
Findings of Fact to support the moratorium described in Section 1 of this
Ordinance:
1. On May 9, 2001, the City Council held a public hearing on the
moratorium on the filing of new applications for planned unit development,
subdivision, short subdivision, 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 ("Moratorium").
2. The City Council considered the staff report regarding the
Moratorium submitted at the hearing. At the hearing, members of the public
had the opportunity to present testimony and other evidence regarding the
imposition of the Moratorium.
3. The Bainbridge Island Comprehensive Plan provides for the
protection of wetlands and wetland buffers, and allows some density transfer
from wetlands and buffer areas.
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4. 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.
5. In BIMC 16.20.010, the City Council finds that wetlands and
wetland buffers are critical areas of special concern to the City. The City
Council also 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 affn'mative steps to avoid or reduce
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, and (8) providing City officials with sufficient
information to adequately protect critical areas when approving, conditioning, or
denying public or private development proposals.
6. Prior to June 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. 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. Therefore,
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.
7. On February 26, 2001, in the case of Home Builders Association
v. City of Bainbridge Island. CPSGMHB Case No. 00-3-0014, the Central Puget
Sound Growth Management Hearings Board ("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.
8. The Board's order requires that the City complete the public
participation process by June 22, 2001. The City is in the process of complying
with the order of the Growth Management Hearings Board. However, the City
needs additional time to complete the public participation process required by
the Board's order.
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9. The Moratorium is necessary while the City considers the
regulations relating to density calculation for sites containing wetlands or
wetland buffers. The City's land use and planning process, as well as the
protection of critical areas, will suffer significant harm, if the Moratorium is not
in place while the City completes the public participation process required by
the Board's order.
10. The City Council has determined that the Moratorium is
necessary for the protection of the public health, safety, property, or peace,
including the protection of critical areas in the City.
~. Severability. If any provision of this ordinance, or its application to any
person, entity or circumstance, is for any reason held invalid, the remainder of this ordinance,
or the application of its provisions to other persons, entities or circumstances, is not affected.
Section 3. 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 9~ day of May 2001.
APPROVED by the Mayor the 10~ day of May 2001.
S4USAN P. 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.:
May 2, 2001
May 9, 2001
May 16, 2001
May 21, 2001
2001-25
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