ORD 96-25 REVOKING THE PRELIMINARY PLANNED UNIT DEVELOPMENTORDINANCE NO. 96- 25
AN ORDINANCE of the City of Bainbridge Island, Washington,
revoking the Preliminary Planned Unit Development granted to
Andrew Cainion d /b /a Fletcher Bay Enterprises pursuant to Kitsap
County Resolution 096 -1991, and rescinding the rezone granted to
Andrew Cainion pursuant to Kitsap County Ordinance 93 -48 -1991.
WHEREAS, on February 27, 1991, by Resolution No. 096 -1991, the Kitsap County
Board of Commissioners approved a preliminary planned unit development ( "preliminary PUD ")
for tax lot nos. 202502 -4- 001 -2002 ( "tax lot 001") and 212502 -3- 011 -2001 ( "tax lot Olt"),
owned by Andrew and Dorothy Cainion, d /b /a Fletcher Bay Enterprises, located at the corner
of New Brooklyn Road and Fletcher Bay Road, commonly known as Island Center; and
WHEREAS, tax lot 001 had the Kitsap County zoning designation of
business /convenience, and tax lot 011 had the Kitsap County zoning designation of RP 2.5; and
WHEREAS, on February 27, 1991, by Ordinance No. 93 -48 -1991, the Kitsap County
Board of Commissioners approved a rezone of tax lot 011 from RP 2.5 to business /convenience;
and
WHEREAS, the tax lots were annexed to the City of Winslow (City of Bainbridge Island)
on March 1, 1991; and
WHEREAS, on April 1, 1992, the Cainions recorded a boundary line adjustment,
adjusting the boundary between tax lot 001 and tax lot 011 so that a portion of tax lot 001
became part of tax lot 011; and
WHEREAS, in July, 1995, the City commenced proceedings to revoke the preliminary
PUD and rezone approvals; and
WHEREAS, on May 2, 1996, Hearing Examiner Pro Tern Robin Thomas Baker
conducted a public hearing on the requested revocations; and
WHEREAS, by recommendation dated May 24, 1996, the Hearing Examiner Pro Tern
recommended to the City Council that the preliminary PUD and rezone be declared null and void
and that tax lot Olt be returned to its previous zoning designation of RP 2.5; and
WHEREAS, at its meeting on August 15, 1996, the City Council considered the findings
of fact, conclusions of law and recommendation of the Hearing Examiner Pro Tern and the
arguments of the Cainions and the City staff; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
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Section 1. The findings of fact, conclusions of law and recommendation of the Hearing
Examiner Pro Tem (PUD /RZ 10- 09- 90 -1), as set forth in Exhibit "A ", which is attached and
incorporated by reference, is affirmed and adopted as the final decision of the City Council.
Section 2. Kitsap County Resolution 096 -1991 and Kitsap County Ordinance 93 -48 -1991
are repealed.
Section 3. The preliminary planned unit development for tax lot nos. 202502 -4- 001 -2002
and 212502 -3- 011 -2001 (approved by Kitsap County Resolution 096 -1991) is revoked and
declared null and void.
Section 4. The contingent rezone of tax lot no. 212502 -3- 011 -2001 (approved by Kitsap
County Ordinance 93 -48 -1991) is rescinded, and the portion of the current tax lot 011 legally
described on Exhibit "B" (which is the legal description of tax lot 011 prior to the boundary line
adjustment recorded on April 1, 1992) is returned to the zoning designation most analogous to
the previous county zoning designation of RP 2.5, which is City zone R -0.4.
Section 5. The City Council finds that tax lot no. 212502 -3- 011 -2001 was designated as
NSC rather than OSR -0.4 on the comprehensive plan land use map due to a mistaken belief that
the contingent rezone of the lot pursuant to Kitsap County Ordinance 93 -48 -1991 was final.
Therefore, the City Council requests and directs City staff to initiate a comprehensive plan
amendment to change the designation of the portion of the current tax lot no. 212502- 3 -011-
2001 legally described on Exhibit "B" from neighborhood service center (NSC) to open space
residential 0.4 (OSR -0.4) and to initiate an amendment to the zoning map to change the zoning
classification of that portion of the lot to OSR -0.4.
Section 6. The decision of the City Council contained in this Ordinance shall be final
unless within twenty -one (21) days after passage of this Ordinance a person with standing
appeals the decision in accordance with RCW 36.70C.
Section 7. This ordinance shall be in force and take effect five days from and after its
passage, approval and publication.
PASSED by the City Council this 5th day of September, 1996.
APPROVED by the Mayor this 6th day of September, 1996.
Tan K. West, Mayor
ATTEST /AUTHENTICATE:
Susan P. Kasper, City Clerk
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APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: August 30, 19 9 6
PASSED BY THE CITY COUNCIL: September 5, 1996
PUBLISHED: September 11, 1996
EFFECTIVE DATE: September 16, 1996
ORDINANCE NO.: 96 -25
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EXHIBIT B
ORIGINAL PARCEL B (Assessor's Account No. 212502 -3- 011 -2001)
Part of the Northwest quarter of the Southwest quarter of Section 21, Township 25
North, Range 2 East, W.M., described as follows:
Beginning at the one quarter corner common to Section 20 and 21, said Township and
Range; thence run S 0'38'19" E 353.75 feet to the True Point of Beginning; thence continuing
176.375 feet; thence N 88'52'30" E 215.49 feet; thence N 0'38'19" W 176.375 feet; thence S
88'52'30" W 215.49 feet to the True Point of Beginning.
Situate in Kitsap County, State of Washington.
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