ORD 2002-28 SUBDIVISION MORATORIUM
ORDINANCE NO. 2002-28
AN ORDINANCE of the City of Bainbridge Island, Washington, imposing a
moratorium on applications for subdivisions that are not complete under BIMC
2.16.055 before the effective date of this ordinance.
WHEREAS, the Growth Management Act, Chapter 36.70A RCW, provides that city
comprehensive plans and development regulations shall retain, designate, include and identify
open space and open space corridors; and
WHEREAS, consistent with the Growth Management Act, BIMC 17.04.075 and
17.04.080 (subdivisions), BIMC 17.12.080 and 17.12.090 (short subdivisions) and BIMC
17 . 16.065 and 17. 16.070 (large lot subdivisions) require plats for proposed subdivisions to
have open space; and
WHEREAS, on July 11, 2002, the Supreme Court of the State of Washington issued
its decision in Isla Verde International Holdings, Inc., et ale v. City of Camas, Washington,
Docket Number 69475-3, in which the City of Camas conditioned approval of a residential
subdivision on the set aside of open space, pursuant to an ordinance that requires every
subdivision to retain open space; and
WHEREAS, the Court in Isla Verde held that the subdivision condition violates RCW
82.02.020 because the City of Camas failed to establish that the condition is reasonably
necessary as a direct result of the proposed subdivision; and
WHEREAS, in order to comply with the Growth Management Act, as well as the Isla
Verde case, the City of Bainbridge Island must compile evidence supporting the City's open
space requirements, and must develop a process for imposing the City's open space
requirements on proposed subdivisions; 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
commencement of the moratorium; 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 applications for
subdivisions (subdivisions, short subdivisions and large lot subdivisions) that are not complete
(vested) in accordance with BIMe 2.16.055 before the effective date of this ordinance.
Section 2. Term of Moratorium. The moratorium imposed in this ordinance shall
commence on the effective date of this ordinance and end on December 31, 2002, unless
repealed, extended or modified by the City Council after subsequent public hearing and entry
9470011051242558.01157 5QO 1 ! . DOC (7/25/02) -1-
of appropriate findings of fact pursuant to RCW 35A.63.220 and 36.70A.390.
Section 3. Hearing. A public hearing on the moratorium imposed in this ordinance
shall be held before the City Council as part of its regular meeting which begins at 7:00 PM on
" August 28, 2002.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by court of competent jurisdiction, such
invalidity or unconstitutionality shall not effect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. 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 24th day of July, 2002.
APPROVED by the Mayor the 24th day of July, 2002.
ATTEST / A UTHENTICA TE:
L,-- 6-? ~..~
SUSAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: July 24, 2002
PASSED BY THE CITY COUNCIL: July 24, 2002
PUBLISHED: July 31, 2002
EFFECTIVE DATE: August 5, 2002
ORDINANCE NO: 2002-28
94700110SI242558.01157SQOl!.DOC (7/25/02) -2-