ORD 2003-36 REMOVING MORATORIUM ON SHORT SUBDIVISIONS/LONG LOT SUBDIVISIONS ORDINANCE NO. 2003-36
AN ORDINANCE of the City of Bainbridge Island, Washington,
removing the moratorium on applications for short subdivisions
and large lot subdivisions and amendments to short subdivisions
and large lot subdivisions; amending Sections 1 and 2 of
Ordinance No. 2002-28, Section 2 of Ordinance No. 2002-30,
Sections 2 and 3 of Ordinance No. 2002-53, Section 2 of
Ordinance No. 2003-17, and Sections 2 and 3 of Ordinance No.
2003 -29.
WHEREAS, on July 11, 2002, the Washington State Supreme Court issued its decision
in Isla Verde International Holdings, Inc., et al. v. City of Camas, 146 Wn.2d 740 (2002), in
which Camas conditioned approval of a residential subdivision on the set aside of open space
pursuant to an ordinance that required every subdivision to retain open space, and held that the
condition violated RCW 82.02.020 because Camas failed to establish that the condition was
reasonably necessary as a direct result of the proposed subdivision; and
WHEREAS, consistent with the Growth Management Act, Chapter 36.70A RCW, and
the City's Comprehensive Plan (Land Use Element - Residential Open Space Goal 1 and
Policies OS 1.1, OS 1.11, OS 1.12, and OS 1.13), 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) in existence in July 2002 required that subdivisions in certain
zones provide open space; and
WHEREAS, to comply with the Growth Management Act and Isla Verde, the City
needed to consider and compile evidence supporting the open space requirements, and develop
a process for imposing the 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 continue the moratorium for additional periods of up to six
months after conducting a public hearing and adopting findings of fact supporting the
continuation; and
WHEREAS, on July 24, 2002, the City Council passed Ordinance No. 2002-28,
imposing a moratorium on filing certain applications for subdivisions, short subdivisions, and
large lot subdivisions; and
WHEREAS, on December 18, 2002, the City Council held a hearing on the
continuation of the moratorium and passed Ordinance No. 2002-53, continuing the moratorium
until March 31, 2003; and
WHEREAS, on March 26, 2003, the City Council held a hearing on the continuation
of the moratorium, and passed Ordinance No. 2003-17, continuing the moratorium until
August 5, 2003; and
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WHEREAS, on July 23, 2003, the City Council held a hearing on the continuation of
the moratorium, and passed Ordinance No. 2003-29, continuing the moratorium on regular
subdivisions until February 5, 2004 and continuing the moratorium on short subdivisions and
large lot subdivisions until October 27, 2003; and
WHEREAS, the City received a consultant's written report regarding the allocation of
open space in the City and the imposition of an open space requirement as a condition of
development approval, City staff prepared a draft ordinance relating to short subdivisions and
large lot subdivisions, and the City held a public hearing on that ordinance; and
WHEREAS, on September 10, 2003, the City Council considered and passed
Ordinance No. 2003-02, relating to short subdivisions and large lot subdivisions; and
WHEREAS, the City Council has determined that the moratorium on filing
applications for short subdivisions and large lot subdivisions is no longer necessary; now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, DO ORDAIN
AS FOLLOWS:
Section 1. Section 2 of Ordinance No. 2002-28, Section 2 of Ordinance No. 2002-
53, Section 2 of Ordinance No. 2003-17, and Section 2 of Ordinance No. 2003-29 are
amended to read:
Term of Moratorium. The moratorium imposed in this ordinance shall
commence on the effective date of this ordinance. The moratorium imposed on
applications for regular subdivisions and amendments to regular subdivisions
(Chapter 17.04 BIMC) shall end on February 5, 2004,
, 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 and 36.70A.390.
Section 2. Section 1 of Ordinance No. 2002-28, Section 2 of Ordinance No. 2002-
30, Section 3 of Ordinance No. 2002-53, and Section 3 of Ordinance No. 2003-29 are
amended to read as follows:
Imposition of Moratorium. A moratorium is imposed on applications for the
regular subdivision, and for the amendment of any regular subdivision that
would affect or alter the open space or lot lines required or established as a part
of the subdivision, (Chapter 17.04 BIMCzubd'.';'~.:;.~:'., :~.o~
~) of property located in the R-0.4, R-l, R-2, R-2.9, R-3.5
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and R-4.3 zones that are not complete (vested) in accordance with BIMC
2.16.055 before the effective date of this ordinance.
Section 3. Consistent with Sections 1 and 2 of this Ordinance, the moratorium on
applications for short subdivisions and amendments to short subdivisions (Chapter 17.12
BIMC) and for large lot subdivisions and amendments to large lot subdivisions (Chapter 17.16
BIMC) shall end on the effective date of this Ordinance.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance
is held to be invalid or unconstitutional by court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall take and be in fome on October 1,
2003.
PASSED by the City Council this 10th day of September, 2003.
APPROVED by the Mayor the llth day of September, 2003.
D^m gNE I ORD OW¥,M /
ATTEST/AUTHENTICATE:
t~USAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: September 4, 2003
PASSED BY THE CITY COUNCIL: September 10, 2003
PUBLISHED: September 17, 2003
EFFECTIVE DATE: October 1, 2003
ORDINANCE: 2003-36
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