Kitsap Peninsula Business Journal
4-4-2001
Hearings Board rules for HBA against Bainbridge
   In a victory for property rights advocates, the Central Puget Sound Growth Management Hearings Board has struck down an ordinance enacted last year by the Bainbridge Island City Council. It ruled that the ordinance changed the method of calculating density on parcels with wetlands, and the impact of the change effectively eliminated the use of bonus densities as allowed by the state’s Growth Management Act (GMA).

The Home Builders Association of Kitsap County (HBA) challenged the ordinance as being in noncompliance with the GMA, arguing that the City of Bainbridge Island had failed to legally comply with the requirements of public participation.

The Hearings Board invalidated the ordinance. It specifically noted that the City of Bainbridge did not comply with the notice and public participation provisions of the GMA, and, “did not encourage the involvement of citizens in the planning process.” The judges also ruled that the City failed to involve its Planning Commission prior to enacting the invalid ordinance.

The Hearings Board directed the city to provide proper notice and take the necessary legislative actions to comply with the GMA no later than June 22.