RES 2010-33 DENYING THE CAINION COMPREHENSIVE PLAN AMENDMENT (CPA 14567B)RESOLUTION NO, 2010-33
RESOLUTION by the City of Bainbridge Island City Council,
Bainbridge Island, Washington, denying the Cainio
Comprehensive Plan Amendment (CPA 14567B).
WHEREAS, on February 2, 2010, Mr. Andrew Cainion submitted an application for
Comprehensive Plan amendment CP 1 6 P changing the land use designation from OSR-
0.4 (Open Space Residential, one unit per 2.5 acres) to NSC (Neighborhood Service Center) for
parcel locatedn the east side of Fletcher Bay Road approximately o Feet south of the Pletcher
Play Road, Miller Road and New Brooklyn Road Intersection (tax parcel number 212 02-3-011-
2001)and changing the Comprehensive e Plan Land Use Element Introduction and Policy NSC
1.3; and
WHEREAS, the Bainbridge Island Comprehensive Plan policy LU 1.9 states "A Special
Planning Area is an area which reflects uses and/or conditions which are unique to that area and
would benefit from a local and/or neighborhood planning process. The Special Planning Area
process would address such issues as current use, future mix and location of uses and densities,
transportation, public facilities, services and amenities, and protection of natural systems, The
Special Planning Area process would include property owners and neighborhood participation,
and may include mediation as a means to resolve significant issues, -if directed by the City
Council. The end result of a special _planning process would be a "neighborhood," "subarea" or
site-specific plan which will require an amendment to the Comprehensive Plan, unless no
changes to the P'lan's policies are proposed."; 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 Laird 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 (BITING) defines
the Special Planning Area Process; and
WHEREAS, the Staff Report prepared for CPA14567 and dated May 5, 2010,
recommended denial of the amendment request, concluding that "to meet the intentions of the
Plan (specifically Land Use Policies LIQ 1,9 and NSC 1. 3), the Laird Use Map and policy
amendment request should be considered as part of a special planing process for the Island
Center Neighborhood Service Center so that land use compatibility impacts, the ability to
provide adequate urban services, and the ability to accommodate additional population can be
addressed in a more comprehensive manner though an area -wide planning process."; and
WHEREAS, the City of Bainbridge Island Planning Commission held a public hearing
n June 10, 2010 which was continued to Jinn 24, 2010, to consider the decision criteria for the
amendment request; and
WHEREAS, on June 24, 2010 the Planning Commission unanimously recommended
approval of the land use map designation change for tax parcel number 212502-3-011-2001, and
P. 1 of
recommended approval of modified policy amendments to the Land Use Element "Introduction's
and NSC 1,3 based on the Comprehensive Flan amendment criteria of BIMC 18,117.050, and
adopted findings that th amendment will; 1 concentrate commercial activities within the
Neighborhood Service - Centers; 2 provide adequate public services, such as roads, water and
alternative sewage treatment; limit impacts on other city services, such as schools, parrs and
staff resources; and 4limits future expansion of the Island Center Neighborhood Service Center
to certain criteria; and
WHEREAS, on July 21, 2010, the Bainbridge Island City Council conducted a study
session on the 2010 Comprehensive Dian Amendments, including CPA 14567B, and referred the
amendment requests to first reading on July 28, 2010; and
WHEREAS, City -Council held first reading on ordinance No. 2010-24 (the ordinance
that would implement the Cainion Land Use Map change request and policy amendments rents if
passed) on July 2, 2010, and referred the ordinance to second reacting and a public hearing on
August 11, 2 010 ; and
WHEREAS,, on .August 11, 2010, the Bainbridge Island City Council conducted a public
hearing and held second reading on Ordinance Ido. , 2010-2 , considered public comment and the
record, and discussed the decision criteria established by BIMC. 18.117.050, continuing their
discussion and consideration to the next Council meeting on August 18, 2010; and
WHEREAS, on August 18, 2010, the Bainbridge Island City Council approved a motion
not to open the public record to allow additional public comments that were received since the
public hearing was closed on August 11, 2010, continued discussion on the amendment.,
including the decision criteria established by BIMC 18.117.050, and denied a motion 'to approve
the amendment and adopt the finding of the Planning Commission (512 vote); 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
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 findings, conclusions and recommendations of the May
, 2010 staff report regarding Comprehensive Plan Amendment request CPA 1 {4 67 submitted
by Mr. Andrew C inion 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 .nit) to NSC
(Neighborhood Service Center) and denies CPA14567B and amendments to Policies LU 1.
and NSC 1.3. A copy ofthe staff report, 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(0)(2),
requiring consistency with the overall intent of the Comprehensive flan. Specifically,
Pg. 2 of
CPA1 5 7 does not comply with Land Use Policy NSC 1.3 and LU 1.9, which requires
boundaries to the Neighborhood Service Center be determined by a Special Planning Area
Process to allow for a comprehensive, neighborhood consideration of the land use change,
which has not occurredin this ease. -The intent of the Special Planning area Process is
described in Policy LU 1,9 and the process is defined in BIMC Chapter 18,115.
PASSED by the City Council this 25t" day of August, 2010.
APPROVED y the Mayor this 251, day of August, 2010.
Bob Scales, Mayor
ATTEST/AUTHENTICATE;
'lc> � C)Aincg I ¢ -
1 osa.lind D. L ssof , _City Clerk
FILED WITH THE CITY CLERK: August 20, 2010
PASSED BY THE CITY COUNCIL: August 25, 2010
RESOLUTION NO: 2010-33
P. 3 of