RES 95-11 CLARIFYING POLICIES IN THE COMP PLAN RELATING TO OPEN SPACERESOLUTION NO. 95-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAINBRIDGE ISLAND, WASHINGTON, CLARIFYING
THE INTENT AND PURPOSE OF CERTAIN POLICIES IN
THE COMPREHENSIVE PLAN ADOPTED BY ORDINANCE
94-21 RELATING TO DEVELOPMENT IN THE
RESIDENTIAL OPEN SPACE DISTRICT AND SPECIAL
PLANNING AREAS
WHEREAS, many policies in the Comprehensive Plan establish
specific direction relating to development patterns and procedures
in the Residential Open Space district of Bainbridge Island as
identified in the comprehensive plan; and
WHEREAS, policy LU 1.9 of the Comprehensive Plan describes
areas identified as Special Planning Areas; and
WHEREAS, the intent and purpose of the Special Planning Area
designation is to establish options for development with the full
participation of affected property owners and to provide an
alternative to development pursuant to the underlying zoning and
development regulations; and
WHEREAS, policy OS 3.5 of the comprehensive plan designates
the 1,153 acre site owned by Port Blakely Tree Farms at Port
Blakely as a Special Planning Area; and
WHEREAS, policy OS 1.9 directs the City to develop a Flexible
Lot Design Subdivision process for the Residential Open Space
district of Bainbridge Island; and
WHEREAS, policy OS 1.13 directs the City to develop a
Flexible Lot Design short plat process for the Residential Open
Space district of Bainbridge Island; and
WHEREAS, the City Council wishes to clarify the intent,
purpose and relationship of these policies for development within
the Residential Open Space District of Bainbridge Island; and
WHEREAS, the City Council, as the legislative body of the
City, without herein limiting its powers accorded by the laws of
the State of Washington and the Bainbridge Island Municipal Code,
may amend the comprehensive plan and adopt or amend ordinances and
land use regulations hereafter in response to changing community
goals, circumstances and policies as long as it does so
consistently with the Growth Management Act; and
WHEREAS, the land use map adopted as part of the Comprehensive
Plan erroneously includes an area of the Port Blakely Tree Farm
property zoned R-2 in the Critical Area Overlay/TDR district.
NOW, THEREFORE, be it resolved by the City Council of the City
of Bainbridge Island, Washington, as follows:
Section 1. The Flexible Lot Design provisions being developed
as directed by OS 1.9 and OS 1.13 are intended to apply to all new
short plats and subdivisions in the Residential Open Space district
including short plats and subdivisions in the Critical Area Overlay
District.
Section 2. The City has identified and hereby corrects a
mapping error that occurred when both portions of parcels with
split zoning, divided by a road, were designated as included within
the Critical Area Overlay District ( see attached map ). Only the
portion of those parcels designated OS 0.4 should be included in
the Critical Area Overlay District.
Section 3. Under the provisions of the Comprehensive Plan
adopted by Ordinance 94-21, a Special Planning Area process shall
only be initiated at the request of at least one property owner
within the Special Planning Area, with the concurrence of the City
Council. The purpose of the Special Planning Area is to allow a
non-exclusive alternative to development under the baseline zoning
and development regulations otherwise applicable to the property.
Section 4. Counsel for the City is authorized and directed
to execute stipulations for dismissal with prejudice to be entered
with the Central Puget Sound Growth Management Hearings Board in
Case No. 94-3-0019 and with the Kitsap County Superior Court in
Cause No. 94-2-02757-5 to settle those cases between Port Blakely
Tree Farms and the City of Bainbridge Island. Subject to
execution, filing and approval by the Central Puget Sound Growth
Management Hearings Board and the Kitsap County Superior Court of
the stipulations described above, this resolution shall become
binding in accordance with its terms.
PASSED by the Ci~__ Council of~ City of Bainbridge Island,
Washington, this day of ~, , 1995.
Janet K. West, Mayor
A. Maron, Council Chair
C. Averill, Coun' er
,.' B~Coun~
Councilmember
'~Y' City~C~o~.lmember
ATTEST / AUTHENT I CATED:
SUsan Kasper, City Clerk
FILED WITH THE CITY CLERK: March 3, 1.995
PASSED BY THE CITY COUNCIL: March 3, 1995
RESOLUTION NO: 95-11