Loading...
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. DOCS\94700\ 105\217931.01 05/10/01 -2- 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. DOCS\94700\ 105\217931.01 05/10/01 -3- 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 DOCS\94700\ 105\217931.01 05/10/01 -4-