| Last year the Home Builders Association of Kitsap County challenged Ordinance 2000-13 enacted by the City of Bainbridge Island. The ordinance amended the Critical Areas Ordinance as to density calculations for flexible lot design and density transfers on parcels containing a regulated wetland.
The ground for the challenge was noncompliance by the City regarding various sections of the Growth Management Act. The noncompliance set forth in the petition included substantive and procedural grounds.
In late February, the Growth Management Hearings Board ruled against the City of Bainbridge Island. Specifically, it found that the City had violated the Growth Management Act by failing to provide adequate notice and public participation in the hearing process. In its ruling, the Board expressly noted that the City Planning Commission had never been involved in the process of enacting this ordinance. Accordingly, the Board invalidated the ordinance and mandated that the City start the entire public hearing process over again with strict adherence to the Growth Management Act by June 2001.
We now learn that the City Council has slapped a six-month moratorium on all building applications for development on property with wetland areas. The basis for the moratorium is, at best, questionable. The council imposed the moratorium without advance public notice and little public discussion. It is apparent that the council chose to retaliate against the development community for its successful legal appeal rather than comply with the lawful public hearing process requirements of the Growth Management Act by the June deadline.
The moratorium calls for a public hearing within 60 days. We can only hope that the governance of the City will do so. We will soon find out if the City Council has learned its lesson from its earlier failing. The citizens of Bainbridge Island deserve nothing less.
Alan Martin
Government Affairs Director
Homebuilders Association of Kitsap County
Bremerton. | 