| The Home Builders Association of Kitsap County (HBA) appealed recent a ordinance the City of Bainbridge Island enacted to the Growth Management Hearings Board. The city adopted an ordinance which amends prior city ordinances. The effect of doing so took away all density credit for lands with wetlands.
Under the City’s comprehensive land use plan, lot density calculations include the area of a regulated wetland. Therefore, under the comprehensive plan, if wetlands are present on the site. it is possible to for a developer to procure a bonus density on those portions which do not contain a wetland, thereby increasing the number of available lots for home construction. The comprehensive plan, in this regard, promotes urban infilling. The ordinance in question prohibits inclusion of the area of a regulated wetland for the lot density calculation.
According to the HBA, the impact is will be anywhere from a 25 to 50 percent reduction of densities, which will significantly undermine the GMA’s urban infilling policies. Ordinance No. 2000-13 was adopted without amendment to the comprehensive land use plan. The ordinance, as adopted, is in conflict with the comprehensive plan.
This case is currently in mediation, and the Growth Management Hearings Board has scheduled a hearing for January. |
