Ordinance No. 2021-03 Relating to Triage Code Updates-Approved 04132021
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ORDINANCE NO. 2021-03
[Formerly Ordinance No. 2020-40]
AN ORDINANCE of the City of Bainbridge Island, Washington,
amending BIMC 2.16.030, 2.16.040, 2.16.110, 2.16.125, 2.16.190,
18.09.030, and Table 18.09.020 related to priority clarifying code changes
and prohibiting new hotels in certain zoning districts.
WHEREAS, on June 22, 2020, the City Council formed a City Council and
Planning Commission joint land use subcommittee (“Joint Subcommittee”) directed by
the Council to, among other things, develop a process and list for undertaking work on
priorities for land use code revisions; and
WHEREAS, the Joint Subcommittee’s first phase of work included identifying
urgent land use code changes; and
WHEREAS, the City Council endorsed the Planning Commission approach of
beginning work on the first phase of work at their meeting on October 13, 2020; and
WHEREAS, the Planning Commission considered the proposed changes on
October 29, November 12, and November 19, 2020; and
WHEREAS, the Planning Commission held a public hearing on this ordinance,
which was then titled as Ordinance No. 2020-40, on December 10, 2020, and after
closing the public hearing, made a recommendation of approval of Ordinance No. 2020-
40 to the City Council; and
WHEREAS, notice was given on December 17, 2020, to the Office of
Community Development at the Washington State Department of Commerce in
conformance with RCW 36.70A.106; and
WHEREAS, on February 9, 2021, the City Council discussed enacting the
housing affordability provisions of Ordinance No. 2021-03 (formerly Ordinance No.
2020-40) related to updates to BIMC 18.21.020 on a priority basis and allowing for
additional time for consideration related to the other provisions of Ordinance No. 2021-
03, based on the Council’s concern about the limited number of affordable housing units
on Bainbridge Island; and
WHEREAS, at a special meeting on February 11, 2021, the City Council
approved Ordinance No. 2021-11 updating BIMC 18.21.020 and, therefore, those
provisions have been removed from this Ordinance No. 2021-03; and
WHEREAS, the City Council considered this ordinance at its meeting on March
23, 2021 and, after consideration and discussion, including related to a proposed section
that was added to clarify more specifically the projects to which this ordinance applies,
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the Council forwarded this ordinance to the consent agenda for the April 13, 2021
Council meeting; and
WHEREAS, at the City Council meeting on April 6, 2021, the Council took
action to modify its agenda for its April 13, 2021 meeting such that consideration of this
ordinance was moved from the consent agenda to the unfinished business agenda for that
meeting; and
WHEREAS, at the City Council meeting on April 13, 2021, the Council
considered and took action on this ordinance; and
WHEREAS, as articulated in the Planning Commission’s Recorded Motion from
its December 10, 2020 meeting, this ordinance, in relevant part, clarifies that the Planning
Director and the Hearing Examiner should give substantial weight to Planning
Commission recommendations of approval on land use permits, including
recommendations of denial, and prohibits new hotels in the Central Core, Gateway, and
Ferry Terminal zoning districts; and
WHEREAS, as also articulated in the Planning Commission’s Recorded Motion
from its December 10, 2020 meeting, this ordinance, in relevant part, is intended to
provide clarity to the decision-maker with respect to the treatment of a Planning
Commission recommendation of denial and whether a decision can be remanded to the
Hearing Examiner, and to clarify that the prohibition on new hotels in the referenced
zoning districts is intended to allow for the completion by the Planning Commission and
the City Council of a review of definition and use standards to determine if and how new
hotels within these specific zoning districts is a use consistent with the City’s
Comprehensive Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.16.030.D. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
D. Decision Procedures.
1. Criteria for Decision. In making the decision, the department director shall
consider the applicable decision criteria of this code, all other applicable law,
and any necessary documents and approvals. When no other criteria are
specified, the director shall apply the following criteria:
a. The application must comply with all applicable requirements of the BIMC
as well as state and federal law.
b. The application is consistent with the adopted comprehensive plan, and
specifically with the character or intended character of the area in which the
property is located, as described in the comprehensive plan.
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2. Environmental Review. For a land use application subject to Chapter 43.21C
RCW and Chapter 16.04 BIMC, a SEPA threshold determination may be
issued simultaneously with the final decision of the land use application.
3. Planning Commission Recommendation. When written public comments are
received during the public comment period concerning the effect of the land
use application on the comprehensive plan, shoreline master program or
matters not addressed by specific provisions of this code, the director may
request the planning commission to review an application and make a written
recommendation prior to the director making a decision. The planning
commission will consider the land use application at a public meeting. The
planning commission shall recommend approval, approval with conditions or
denial of an application. In making a recommendation, the planning
commission shall consider the applicable decision criteria of this code, all other
applicable law, and any necessary documents and approvals. If the applicable
criteria are not met, the planning commission shall recommend the proposal be
modified or denied. A planning commission recommendation is not a final
decision and therefore there is no appeal of the recommendation. The planning
commission’s written recommendation and other documents upon which its
decision is based shall be immediately transmitted to the director and shall be
given substantial weight by the director in making a decision.
Section 2. Section 2.16.040.E.5. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
5. Review and Recommendation by Planning Commission.
a. In the case of a major site plan and design review application, the planning
commission shall review the application prior to the review and final
decision by the director.
b. The purpose of the planning commission review and recommendation
meeting is to review a proposed project for consistency with applicable
design guidelines, BIMC Title 17, and the comprehensive plan.
c. The planning commission shall consider the application at a public meeting
where public comments will be taken. The planning commission shall
recommend approval, approval with conditions or denial of an application.
In making a recommendation, the planning commission shall consider the
applicable decision criteria, all other applicable law, and the
recommendation of the design review board. If the applicable criteria are
not met, the planning commission shall recommend the proposal be
modified or denied.
d. The design review board’s recommendation shall hold substantial weight in
the consideration of the application by the planning commission. Any
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deviation from the recommendation shall be documented in their written
findings of facts and conclusions.
e. The planning commission will forward its written findings of facts and
conclusions, their determination of the project’s consistency with the
comprehensive plan, and their recommendation, including any conditions
attached by the planning commission and design review board, to the staff
planner. The planning commission’s written findings will be included in the
staff report transmitted to the director. The planning commission’s
recommendation shall be given substantial weight by the director in making
a decision.
f. A planning commission recommendation is not a final decision and
therefore there is no appeal of the recommendation.
Section 3. Section 2.16.040.E.6. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6. Review and Approval by Director.
a. The director shall review the application materials, information provided by
the health district and city engineer, staff report, any public comments
received, the recommendations of the design review board and, in the case
of major site plan and design review applications, the recommendations of
the planning commission, and shall make a final decision based on:
i. In the case of a minor site plan and design review application, the final
decision on an application is made by the director based on (A) decision
criteria in subsection F of this section, (B) the DRB recommendation,
and (C) consideration of any public comments received.
ii. In the case of a major site plan and design review application, the
director will make the final decision based on (A) the decision criteria
in subsection F of this section, (B) the recommendation of the planning
commission, (C) the recommendation of the design review board, and
(D) consideration of any public comments received. The design review
board and planning commission’s recommendation shall hold
substantial weight in the consideration of the application by the
director. Any deviation from that recommendation shall be documented
in the director’s report.
b. The director shall make compliance with the recommendations of the
design review board and/or planning commission a condition of approval,
unless the director concludes that the recommendations:
i. Reflect inconsistent application of design guidelines or any applicable
provisions of this code;
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ii. Exceed the authority of the design review board or planning
commission;
iii. Conflict with SEPA conditions or other regulatory requirements
applicable to the project; or
iv. Conflict with requirements of local, state, or federal law.
c. The director shall adopt a planning commission recommendation of denial
of an application unless the director concludes that the recommendation:
i. Reflects inconsistent application of design guidelines, the
Comprehensive Plan, or any applicable provisions of this code;
ii. Exceeds the authority of the design review board or planning
commission;
iii. Conflicts with SEPA conditions or other regulatory requirements
applicable to the project; or
iv. Conflicts with requirements of local, state, or federal law.
Section 4. Section 2.16.040.F. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
F. Decision Criteria. The director and planning commission shall base their respective
recommendations or decisions on site plan and design review applications on the
following criteria:
1. The site plan and design is consistent with all applicable provisions of the
BIMC, design guidelines, the Comprehensive Plan, and applicable subarea and
master plans; and
2. The locations of the buildings and structures, open spaces, and landscaping
result in a context-sensitive design; and
3. The Kitsap public health district has determined that the site plan and design
meets the following decision criteria:
a. The proposal conforms to current standards regarding domestic water
supply and sewage disposal; or if the proposal is not to be served by public
sewers, then the lot has sufficient area and soil, topographic and drainage
characteristics to permit an on-site sewage disposal system; and
b. If the health district recommends approval of the application with respect to
those items in subsection F.3.a of this section, the health district shall so
advise the director; and
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c. If the health district recommends disapproval of the application, it shall
provide a written explanation to the director; and
4. The streets and nonmotorized facilities, as proposed, are adequate to
accommodate anticipated traffic; and
5. The city engineer has determined that the site plan and design meets the
following decision criteria:
a. The site plan and design conforms to regulations concerning drainage in
Chapters 15.20 and 15.21 BIMC; and
b. The site plan and design will not cause an undue burden on the drainage
basin or water quality and will not unreasonably interfere with the use of
properties downstream; and
c. The streets, nonmotorized facilities, locations of the buildings, structures,
and vehicular circulation systems as proposed align with and are otherwise
coordinated with streets and nonmotorized facilities serving adjacent
properties and are adequate, safe, efficient and consistent with the Island-
Wide Transportation Plan; and
d. If a traffic study shows that the proposed development will have an adverse
impact on traffic, including nonmotorized traffic, the impact shall be
mitigated as required by the city engineer; and
e. If the site will rely on public water or sewer services, there is capacity in
the water or sewer system (as applicable) to serve the site, and the required
service(s) can be made available at the site; and
f. The site plan and design conforms to the “City of Bainbridge Island
Engineering Design and Construction Standards and Specifications,” unless
the city engineer has approved a deviation from the standards; and
6. The site plan and design is consistent with applicable design guidelines in
BIMC Title 18; and
6 7. No harmful or unhealthful conditions are likely to result from the
proposed site plan; and
8. The site plan and design is consistent with the comprehensive plan and other
applicable adopted community plans; and
7 9. If the subject property contains a critical area or buffer, as defined in
Chapter 16.20 BIMC, the site plan and design review permit conforms to all
requirements of that chapter; and
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8 10. If the subject property is within the shoreline jurisdiction, as defined in
Chapter 16.12 BIMC, the site plan and design review permit conforms to all
requirements of that chapter; and
9 11. If the applicant is providing privately owned open space and is
requesting credit against dedications for park and recreation facilities required
by BIMC 17.20.020.C, the requirements of BIMC 17.20.020.D have been met;
10 12. The Bainbridge Island fire department has reviewed the application and
determined that the site plan has been properly designed to ensure fire
protection; and
11 13. The site plan and design has been prepared consistent with the purpose
and review procedures of this chapter.
Section 5. Section 2.16.110.E.4. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
4. Review by Director.
a. The director shall review the application materials, staff report, and the
recommendations of the planning commission and shall prepare a report to
the hearing examiner recommending approval, approval with conditions, or
disapproval of the application.
b. The planning commission’s recommendation shall hold substantial weight
in the consideration of the application by the director. Any deviation from
that recommendation shall be documented in the director’s report.
c. The director shall adopt a planning commission recommendation of denial
of an application unless the director concludes that the recommendation:
i. Reflects inconsistent application of design guidelines, the
Comprehensive Plan, or any applicable provisions of this code;
ii. Exceeds the authority of the design review board or planning
commission;
iii. Conflicts with SEPA conditions or other regulatory requirements
applicable to the project; or
iv. Conflicts with requirements of local, state, or federal law.
Section 6. Section 2.16.110.E.5 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
5. Review and Public Hearing with Hearing Examiner.
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a. The hearing examiner shall consider the application materials and the
director’s recommendation at a public hearing following the procedures of
BIMC 2.16.100.C and applicable provisions of BIMC 2.16.020.
b. The hearing examiner shall make compliance with the recommendations of
the planning commission a condition of approval, unless the hearing
examiner concludes that the recommendations:
i. Reflect inconsistent application of design guidelines or any applicable
provisions of this code;
ii. Exceed the authority of the design review board or planning
commission;
iii. Conflict with SEPA conditions or other regulatory requirements
applicable to the project; or
iv. Conflict with requirements of local, state, or federal law.
c. The hearing examiner shall adopt a planning commission recommendation
of denial of an application unless the hearing examiner concludes that the
recommendation:
i. Reflects inconsistent application of design guidelines, the
Comprehensive Plan, or any applicable provisions of this code;
ii. Exceeds the authority of the design review board or planning
commission;
iii. Conflicts with SEPA conditions or other regulatory requirements
applicable to the project; or
iv. Conflicts with requirements of local, state, or federal law.
d. The hearing examiner may approve, approve with conditions, deny, or
remand an application.
Section 7. Section 2.16.125.E.7. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
7. Review and Public Hearing with Hearing Examiner.
a. The hearing examiner shall consider the application materials and the
director’s recommendation at a public hearing following the procedures of
BIMC 2.16.100.C and applicable provisions of BIMC 2.16.020.
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b. The hearing examiner shall make compliance with the recommendations of
the planning commission a condition of approval, unless the hearing
examiner concludes that the recommendations:
i. Reflect inconsistent application of design guidelines or any applicable
provisions of this code;
ii Exceed the authority of the design review board or planning
commission;
iii. Conflict with SEPA conditions or other regulatory requirements
applicable to the project; or
iv. Conflict with requirements of local, state, or federal law.
c. The hearing examiner shall adopt a planning commission recommendation
of denial of an application unless the hearing examiner concludes that the
recommendation:
i. Reflects inconsistent application of design guidelines, the
Comprehensive Plan, or any applicable provisions of this code;
ii. Exceeds the authority of the design review board or planning
commission;
iii. Conflicts with SEPA conditions or other regulatory requirements
applicable to the project; or
iv. Conflicts with requirements of local, state, or federal law.
Section 8. Section 2.16.190.G.1. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
1. Preapplication Conference. Prior to submittal of a comprehensive plan
amendment application, the applicant or applicant’s representative shall attend
a preapplication conference in accordance with the procedures of BIMC
2.16.020.I. City staff will notify the planning commission if preapplication
conferences are scheduled and representatives from the planning commission
may attend the preapplication meeting to provide early identification of
potential comprehensive plan consistency issues. Interested persons citizens
may attend the preapplication meeting.
Section 9. Table 18.09.020 of the Bainbridge Island Municipal Code is hereby
amended as shown in Exhibit A.
Section 10. Section 18.09.030.D.1. of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
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D. Commercial Sales and Service.
1. Hotel. In the ferry overlay district, hotels are permitted south of Winslow Way
only.
Section 11. 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 12. This ordinance shall take effect and be in force five (5) days from its
passage and publication as required by law.
PASSED by the City Council this 13th day of April, 2021.
APPROVED by the Mayor this 13th day of April, 2021.
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: March 19, 2021
PASSED BY THE CITY COUNCIL: April 13, 2021
PUBLISHED: April 16, 2021
EFFECTIVE DATE: April 21, 2021
ORDINANCE NUMBER: 2021-03
Exhibit A to Ordinance No. 2021-03
Table 18.09.020 Use Table
“P” = Permitted Use “A” = Accessory Use Additional use restrictions for Chapters 16.12 and
16.20 BIMC may apply to shoreline or critical area
properties “C” = Conditional Use “CA” = Conditional Accessory Use
Blank = Prohibited Use “T” = Temporary Use
ZONING DISTRICT
R-
0.4 R-1 R-2 R-
2.9
R-
3.5
R-
4.3 R-5 R-6 R-8 R-
14
Winslow Mixed Use
Town Center HSR
I
and
II
NC B/I WD-
I
Use-
Specific
Standards
BIMC
18.09.030
USE CATEGORY/TYPE CC MA EA Gate
Ferry
[1]
COMMERCIAL SALES AND SERVICE
Note: Commercial Sales and Service uses may be subject to additional requirements in BIMC 16.12.040.D, Commercial Development.
Accommodation
Bed and Breakfast (3+ bedrooms) C C C C C C C C C C P P P P P P P
Inn P P P P P P P
Hotel C C C P D-1