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Ordinance No. 2021-09 Relating to Extending interim zoning control related to bonus density-Approved 022321Page 1 of 7 ORDINANCE NO. 2021-09 AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390; amending Ordinance Nos. 2020-10 and 2020-20 that imposed an interim zoning control on the use or applicability of certain bonus density options as provided in BIMC 18.12.030.E. and the related provisions described in Ordinance Nos. 2020-10 and 2020-20; continuing the basis for the emergency interim zoning control; recognizing that public hearings have been conducted; updating the adopted work plan; stating the effect on vested rights; authorizing interpretive authority; providing for severability; leaving the effective date of the interim zoning control unchanged; and extending the duration of the interim control for six months until September 10, 2021. WHEREAS, within the express terms of the Growth Management Act, the Washington State Legislature has specifically conferred upon the governing bodies of Washington cities the right to establish and adopt interim zoning controls related to land uses; and WHEREAS, the City Council of the City of Bainbridge Island (“City”) updated the City’s Comprehensive Plan in February of 2017; and WHEREAS, balancing affordable housing, historic preservation, growth management, and sustainable development continues to be a local, regional, and national challenge due to many social and economic factors; and WHEREAS, the City has encouraged affordable housing construction by adopting “bonus density” programs that allow for increases in density above the underlying zoning if the additional density creates affordable homes; and WHEREAS, the intent of the Comprehensive Plan is to place residential density, inclusive of affordable housing, in the Winslow core area near infrastructure such as transportation hubs (e.g., ferry service, bus service, highway access), sewer, water, reliable electrical power, and retail stores; and WHEREAS, the intent of such policies is to manage growth consistent with the Growth Management Act, reduce infrastructure costs, and follow general principles of sustainable community development; and WHEREAS, the City Council is interested in evaluating the applicability, use, and effectiveness of the bonus density options provided for and as described in BIMC 18.12.030.E. that are suspended by this interim zoning control, including related to the purchase of development rights, the provision of public amenities and/or infrastructure, the provision of community open space, floor area ratio transfers related to the Mixed Use Town Center and High School Road districts, and ferry-related parking; and Page 2 of 7 WHEREAS, an emergency exists necessitating the continuation of this interim zoning control to suspend the use and applicability of certain bonus density options in order to preserve and protect public health, safety, and welfare; and WHEREAS, interim zoning controls enacted under RCW 36.70A.390 and RCW 35A.63.200 are methods by which local governments may preserve the status quo so that new policies and regulations will not be rendered moot by intervening development; and WHEREAS, this interim zoning control provides the City with additional time to review and potentially revise its public health, safety, and welfare requirements and zoning and land use regulations related to providing density bonuses above and beyond the underlying zoning; and WHEREAS, the City Council concludes that it must continue this interim zoning control based on concerns as expressed in this ordinance regarding the awarding of density bonuses that are unrelated to affordable housing and historic structure preservation; and WHEREAS, the City Council has significant concerns regarding whether the use of certain density bonus options is accomplishing the vision and goals of the City’s Comprehensive Plan; and WHEREAS, based on these and related concerns, the City Council requires additional time to review the regulations and policies at issue to ensure that the vision and goals of the City’s Comprehensive Plan are being met to the Council’s satisfaction; and WHEREAS, due to the COVID-19 public health emergency and pandemic, tens of thousands of persons in Washington State have contracted the virus and thousands of persons in the state have died due to the virus thus far and during the time period that this interim zoning control has been in effect, and the public health emergency is ongoing and is expected to continue for many months, and likely much longer; and WHEREAS, due to the COVID-19 public health emergency and pandemic, the City has been engaged in essential work on a highest-priority basis related to the public health emergency, and as a result City staff and the City Council have had to significantly adjust work priorities accordingly to address the public health crisis, including related to work that the Council has been able to consider at modified Council meetings during this time period; and WHEREAS, as a result of the public health emergency, City staff and the City Council have not had sufficient time to complete the ongoing substantial review of the regulations and policies at issue related to this interim zoning control to ensure that the vision and goals of the City’s Comprehensive Plan are being met to the Council’s satisfaction; and WHEREAS, on April 28, 2020, the City Council conducted a public hearing on Ordinance No. 2020-10 in accordance with state law; and WHEREAS, in spite of this public health emergency, the Planning Commission has met multiple times to discuss revised regulations related to bonus density, as proposed in draft Page 3 of 7 Ordinance No. 2020-16, including on February 27, 2020, and continuing on March 12, May 14 and 28, June 11 and 25, July 9, August 27, September 10 and 24, and October 8, 2020; and WHEREAS, the City Council has considered the applicability and use of bonus density options at multiple Council meetings, including on February 4, February 11, February 25, March 3, March 10, and April 14 and 28, 2020; and WHEREAS, on August 11, 2020, the City Council set a public hearing for August 25, 2020 to accept public comment and consider Ordinance No. 2020-20 to extend the interim zoning control for another six months; and WHEREAS, on August 25, 2020, the City Council conducted a public hearing on Ordinance No. 2020-20 and the Council received and considered public comment related to the ordinance, and after considering such public comment, the Council adopted Ordinance No. 2020- 20 to extend this interim zoning control for six months to March 10, 2021; and WHEREAS, on November 17, 2020, the City Council discussed another ordinance, Ordinance No. 2020-16 (as referenced above), which relates to proposed amendments to the City’s bonus floor area ratio program recommended by the Planning Commission, together with representatives from the Planning Commission, and the City Council provided policy guidance to the Planning Commission on outstanding policy questions, including directing the City Manager to contact the Islander Mobile Home Park regarding potential purchase of its floor area ratio by the City; and WHEREAS, on November 19, 2020, the Planning Commission discussed the City Council feedback from November 17 and indicated that the City could move forward with Ordinance No. 2020-16 without any changes to BIMC 18.12.030.E.1.b. related to the Islander Mobile Home Park floor area ratio; and WHEREAS, the Planning Commission review and recommendation on Ordinance No. 2020-16, including holding a public hearing, is not yet complete; and WHEREAS, based upon a motion passed by the City Council at their November 17, 2020 meeting regarding the Planning Commission’s recommendation on draft Ordinance No. 2021-10 (formerly Ordinance No. 2020-16), City staff is continuing conversations with the Islander Mobile Home Park; and WHEREAS, City staff is continuing their analysis and will perform outreach on draft Ordinance No. 2021-10 before holding a public hearing with the Planning Commission on that ordinance; and WHEREAS, on February 9, 2021, the City Council set a public hearing for February 23, 2021 to accept public comment and consider this Ordinance No. 2021-09 to extend the interim zoning control for another six months; and Page 4 of 7 WHEREAS, on February 23, 2021, the City Council conducted a public hearing on this ordinance and the Council received and considered public comment related to this ordinance; and WHEREAS, on February 23, 2021, after considering such public comment, the City Council adopted this ordinance to extend this interim zoning control for six months to September 10, 2021, unless the Council terminates the interim control earlier, and to otherwise amend the interim control as stated in this ordinance; and WHEREAS, the City possesses land use jurisdiction and regulatory authority over the City’s incorporated lands; and WHEREAS, the interim zoning control imposed herein promotes the public good and is necessary for the protection of public health, property, safety, and welfare; and WHEREAS, the public emergency that the City Council determined to exist requiring that this interim control become effective immediately upon adoption on March 10, 2020 continues to exist, requiring that this interim control continue to be in effect for an additional six months as set forth in this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above are hereby adopted as additional and supplemental findings of fact to the City Council’s initial findings of fact in support of the interim zoning control established in Ordinance Nos. 2020-10 and 2020-20. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council conducted a public hearing on this extension of the interim zoning control at its meeting on February 23, 2021 and took public testimony and considered further findings of fact. Section 3. Interim Zoning Control Amended. This interim control is hereby amended, as also stated in Section 9 below, to extend the interim zoning control in its current form as described in Ordinance No. 2020-10, Ordinance No. 2020-20, and herein for six months until September 10, 2021. Section 4. Interim Zoning Control Work Plan. As provided for under RCW 35A.63.220 and RCW 36.70A.390, the City may renew an interim zoning control for one or more six-month periods if a work plan has been developed, a public hearing has been held, and findings of fact have been made. Pursuant to this ordinance, and based on the findings of fact that are hereby adopted in this ordinance and which were adopted in the previous ordinances related to this interim zoning control, Ordinance Nos. 2020-10 and 2020-20, the City is hereby extending the interim zoning control for an additional six months based on the updated work plan as incorporated herein as Exhibit A to this ordinance. Page 5 of 7 Section 5. Effect on Vested Rights. The interim zoning control imposed by Ordinance No. 2020-10 and extended by Ordinance No. 2020-20 and this ordinance shall operate, as of the effective date of Ordinance No. 2020-10 (March 10, 2020), to suspend the applicability or use of BIMC 18.12.030.E. and the related provisions described in Ordinance No. 2020-10, subject to the exclusions stated in Ordinance No. 2020-10, for all properties and development in the Mixed Use Town Center and High School Road Districts. However, nothing in Ordinance No. 2020-10, Ordinance No. 2020-20, or this Ordinance No. 2021-09 shall be construed to extinguish, limit, or otherwise infringe on any property owner’s or property leaseholder’s vested development rights as defined by state law and City of Bainbridge Island regulations. Section 6. Interpretive Authority. The City of Bainbridge Island Director of Planning and Community Development, or designee, is hereby authorized to issue official interpretations arising under or otherwise necessitated by this ordinance. Section 7. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 8. No Change to Basis for Declaration of Emergency or Effective Date. This ordinance shall take effect and be in full force five (5) days from and after its passage and publication as required by law. Provided, that this ordinance is not intended to change the basis of the emergency declaration stated in the interim zoning control which preceded this ordinance, Ordinance Nos. 2020-10 and 2020-20, except as described in the “Whereas” clauses of this ordinance. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641 (1995), non-exhaustive underlying facts necessary to support the emergency declarations adopted as part of the enactment of this interim zoning were included in the “Whereas” clauses of Ordinance Nos. 2020-10 and 2020-20, as well as in this ordinance, and those “Whereas” clauses are adopted as findings of fact. This ordinance does not change the effective date of this interim zoning control, which is March 10, 2020. Section 9. Change in Duration to September 10, 2021. This ordinance amends Ordinance Nos. 2020-10 and 2020-20 and hereby extends the current interim zoning control, and this ordinance shall cause the interim control to remain effective in its current form until September 10, 2021, unless terminated earlier by the City Council. This ordinance does not change the effective date of the interim control, which is March 10, 2020. The Council may, at its sole discretion, renew the interim control for one or more six (6) month periods in accordance with state law. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City. Page 6 of 7 PASSED by the City Council this 23rd day of February, 2021. APPROVED by the Mayor this 23rd day of February, 2021. Rasham Nassar, Mayor ATTEST/AUTHENTICATE: FILED WITH THE CITY CLERK: February 5, 2021 PASSED BY THE CITY COUNCIL: February 23, 2021 PUBLISHED: February 26, 2021 EFFECTIVE DATE: March 3, 2021 ORDINANCE NUMBER: 2021-09 Attached: Exhibit A: Work Plan Page 7 of 7 EXHIBIT A TO ORDINANCE NO. 2021-09 BONUS FAR INTERIM ZONING CONTROL UPDATED WORK PLAN (February 23, 2021) BONUS FAR INTERIM ZONING CONTROL: On March 10, 2020, the City Council imposed a six-month interim zoning control via Ordinance No. 2020- 10 to suspend the use and applicability of certain bonus density options related to land use on Bainbridge Island. The initial term of the interim control was for six months, or until September 10, 2020, and Ordinance No. 2020-20 extended the term for six months to March 10, 2021. Ordinance No. 2021-09 extends the term for an additional six months to September 10, 2021. Based on direction from the City Council at the February 25, 2020 Council meeting, the Planning Commission, beginning on February 27, 2020, engaged in multiple discussions throughout 2020 regarding a proposed ordinance to amend the bonus floor area ratio (“FAR”) program, as well as formed a subcommittee dedicated to the subject. However, the ordinance requires additional analysis by City planning, legal, and finance staff before it is ready for consideration by the City Council. This extension in the duration of the interim zoning control will provide time to complete the analysis and to hold the necessary public hearing(s). The City is hereby updating the previous work plan for this interim zoning control with the following Updated Work Plan described below: 1) February 2021 to March 2021 Staff continues discussion with the City Council on a potential legislative path and requests direction from the Council to address permanent Bonus FAR regulations; which could include adding Inclusionary Zoning as top work plan priority. 2) February to Unknown, 2021 The Executive Department continues discussions with the Islander Mobile Home Park regarding the potential to purchase remaining development rights. 3) March to April 2021 Communicate legislative work plan by performing targeted outreach to the property owners so they can be engaged in policy discussions before a public hearing. 4) April to July 2021 Provide the Planning Commission and the City Council with an update on the research performed to date and the Islander Mobile Home Park conversations. 5) August to September 2021 Continue working with the Planning Commission and the City Council on a draft Ordinance (2021-10) and prepare to hold a public hearing at the Planning Commission for adoption by the City Council.