A. Purpose. This chapter establishes the process and criteria for changing the zoning classification of specific property from one zoning designation to another, or to change conditions imposed in a development agreement. A property rezone may reflect changed circumstances or new land use needs and shall be consistent with the city’s current comprehensive plan.

B. Applicability. This procedure shall apply whenever one or more private property owners or the city applies for an amendment of the official zoning map to redesignate one or more parcels of property from one zone district designation to another.

C. Procedure.

1. Site-specific rezones shall be approved through the general quasi-judicial city council review procedures described in BIMC 2.16.130 except as described below.

2. The provisions of this section supplement those of BIMC 2.16.020 and 2.16.130 when the application is for a site-specific rezone. In the event of a conflict between the provisions of BIMC 2.16.020 or 2.16.130 and this section, the provisions of this section shall govern.

D. Who May Apply.

1. Any owner or authorized agent, or group of owners of contiguous property acting jointly and representing at least 75 percent of the assessed valuation of the subject property or properties, or their authorized agent(s), may apply for a site-specific rezone. In the case of a site-specific rezone initiated by a property owner(s), the applicant shall pay the fee for a rezone application set forth in the administrative manual.

2. The city may apply for a rezone of one or more properties as necessary to improve consistency between the official zoning map and the comprehensive plan. In order to maintain consistency between the zoning map and a successful city-initiated comprehensive plan amendment, the owner(s) of the property or properties involved in the rezone shall not be required to pay the rezoning fee.

E. Application. An application for a rezone may be filed only if the proposal is consistent with the Bainbridge Island comprehensive plan. If it is not consistent with the comprehensive plan, a comprehensive plan amendment shall be filed concurrently with the rezone. The applicant shall pay the fees for any rezone application and any comprehensive plan amendment required to maintain consistency with the rezone. The city may defer review of a rezone proposal if that area is scheduled for comprehensive plan review or review of the comprehensive plan is reasonably likely to occur within the following year.

F. Public Hearing Before Hearing Examiner. Within 30 days after receipt of a complete application for a site-specific rezone, the department shall forward its findings and recommendations to the hearing examiner, who shall conduct a public hearing in accordance with the hearings procedures set forth in BIMC 2.16.130.

G. Council Action.

1. Within 30 days after receipt of the recommendation of the hearing examiner on a site-specific rezone, the council, in accordance with the procedures set forth in BIMC 2.16.130, shall, in a public meeting, make a decision on the rezone or remand the application to the hearing examiner.

2. If the council approves a site-specific rezone, the council shall adopt an ordinance that makes the appropriate changes on the official zoning map as required in Chapter 18.03 BIMC.

3. The council may reverse an earlier approval of a site-specific rezone by approving a subsequent rezone of the property back to its former zone district as provided in this section and related provisions in BIMC 2.16.020. However, if the applicant has defaulted or failed to perform his or her duties under a development agreement as described in subsection I of this section, only subsections D through F of this section shall apply.

H. Decision Criteria. The following criteria shall be considered in any review for a site-specific rezone in order to establish a recommendation to approve, disapprove or approve with conditions:

1. The site-specific rezone will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate vicinity and zone in which the property is located; and

2. The site-specific rezone is warranted because of changed circumstances and the proposed designation is appropriate for reasonable development of the subject property, or because of a need for additional property in the proposed zone, and the proposed designation is appropriate for reasonable development of the subject property; and

3. The subject property is suitable for development in general conformance with zoning standards under the proposed zoning designation; and

4. The property will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities for the intensity to which it is being rezoned; and

5. The site-specific rezone is in accord with the comprehensive plan; and

6. The site-specific rezone complies with all other applicable criteria and standards of the city; and

7. The site-specific rezone would not devalue surrounding or nearby property; and

8. The site-specific rezone will not result in an adverse environmental consequence.

I. Development Agreements.

1. Any applicant for a rezone of any property shall be subject to the signing of a development agreement as a condition to the council’s granting the rezone when the council finds that such an agreement is necessary to protect the public health, safety or general community welfare. Whenever such an agreement is signed, it shall be recorded with the Kitsap County auditor and officially entered as a covenant upon the land. Any purchaser of such property is subject to the development agreement. The applicant may be required to pay the cost of the preparation of the development agreement.

2. When the justification for a site-specific rezone includes an intended use or development of the property, a development agreement shall be used to require the applicant to proceed with specific development consistent with the rezone within a time period agreed upon by the city and the developer. In that case, upon the expiration of the agreed-upon time limit after the rezone approval, if construction is not underway, the director shall institute proceedings to rezone the property to its prior classification; provided, however, that if the landowner, within that agreed-upon time period, demonstrates to the satisfaction of the director that he or she has in good faith attempted to begin construction as contemplated by the rezone, the director may defer instituting the proceedings for up to one year. If the latest rezone classification is found to be the most appropriate for the property, the director may elect not to institute the rezone proceedings. The time period prescribed in this section shall not commence until the completion of any court challenges to the rezone. (Ord. 2011-02 § 2 (Exh. A), 2011)