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RES 2007-27 CAINION COMPREHENSIVE PLAN AMENDMENTRESOLUTION NO. 2007-27 A RESOLUTION by the City of Bainbridge Island City Council, Bainbridge Island, Washington, denying the Cainion Comprehensive Plan Amendment (CPA14567). WHEREAS, on February 28, 2007, Mr. Andrew Cainion submitted a Comprehensive Plan Amendment request (CPA14567) to change the land use designation of tax parcel number 212502-3-011-2001, which is in the Island Center area of Bainbridge Island, from OSR-0.4 (Open Space Residential, 2.5 acres per unit) to NSC (Neighborhood Service Center); and WHEREAS, the Bainbridge Island Comprehensive Plan policy NSC 1.3 states "Island Center is designated as a Special Planning Area. The boundaries for Island Center are shown on the Land Use Map. Any changes to the boundary may be determined during the special planning process"; and WHEREAS, Chapter 18.115 of the Bainbridge Island Municipal Code (BIMC) defines the Special Planning Area Process; and WHEREAS, the Staff Report prepared for CPA14567 and dated August 23, 2007 concludes that "to meet the intention of the Plan (specifically Land Use Policy NSC 1.3), the Land Use Map and policy amendment request should be considered as part of a Special Planning Area process for Island Center Neighborhood Service Center"; and WHEREAS, on September 27, 2007, the Planning Commission passed a recommendation to "deny CPA 14567 because it does not conform to Land Use Policy NSC 1.3 and there are more appropriate ways to address the issue through the City's work program and review of the NSCs in general"; and WHEREAS, on October 10, 2007, the Bainbridge Island City Council conducted first reading on Ordinance No. 2007-32 (the ordinance that would implement the Cainion Land Use Map change request if passed ) and referred the ordinance to the Land Use Committee for a recommendation to the full City Council; and WHEREAS, on November 6, 2007, the Land Use Committee discussed the request and voted 2 to 1 to recommend that the Comprehensive Plan Amendment request be denied and the neighborhood planning process be simultaneously restarted; and WHEREAS, on November 14, 2007, the Bainbridge Island City Council conducted second reading on Ordinance No. 2007-32, determined that CPA 14567 should be denied based upon the decision criteria established by BIMC 18.117.050, and directed City staff to prepare a resolution reflecting this determination for their consideration at the next City Council meeting; and WHEREAS, Chapter 18.117 of the Bainbridge Island Municipal Code defines the Comprehensive Plan amendment process, and BIMC 18.117.030 defines City Council actions Pg. 1 of 2 upon receipt of the Planning Commission recommendation to be approval, denial, or approval with modification to the proposed amendment; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, DOES RESOLVE AS FOLLOWS: Section 1. The City Council adopts the September 27, 2007, findings, conclusions and recommendations of the Planning Commission regarding Comprehensive Plan Amendment request (CPA14567) submitted by Mr. Andrew Cainion for a change in the Land Use Designation for parcel number 212502-3-011-2001 from OSR-0.4 (Open Space Residential, 2.5 acres per unit) to NSC (Neighborhood Service Center) and denies CPA14567. A copy of the Planning Commission's findings, conclusions and recommendations is attached as Exhibit A and incorporated herein by this reference. Section 2. The primary basis for denial of CPA14567 by the City Council is that the application does not comply with decision criteria established by BIMC 18.117.050(C)(2), requiring consistency with the overall intent of the Comprehensive Plan. Specifically, CPA14567 does not comply with Land Use Policy NSC 1.13 which requires boundaries to the Neighborhood Service Center be determined by a Special Planning Area Process, which has not occurred in this case. This Special Planning Area process is defined in BIMC Chapter 18.115. PASSED by the City Council this 28th day of November, 2007. APPROVED by the Mayor this 30th day of November, 2007. Darlene Kordonowy, Mayor ATTEST/AUTHENTICATE: -k%o ft , � _ �,a.55tk— Rosalind D. Lassoff, CMC City Clerk FILED WITH THE CITY CLERK: November 19, 2007 PASSED BY THE CITY COUNCIL: November 28, 2007 RESOLUTION NO: 2007-27 Pg. 2 of 2