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ORD 2013-16 MCNABB BAINBRIDGE MARINA CPAORDINANCE NO. 2013-16 AN ORDINANCE of the City of Bainbridge Island, Washington, to amend the Land Use Map of the Comprehensive Plan to change the designation from Open Space Residential -2 (OSR -2) to Water - Dependent Industrial (WD -I) for two properties located on the south shore of Eagle Harbor. WHEREAS, Darrell McNabb owns two properties located at 4200 Eagle Harbor Drive NE, Tax Parcel 352502 -2- 003 -2007 (aggregated with Lots 001 and 002 under Tax Parcel No 352502 -2- 086 -2007) and Tax Parcel No. 352502 -2- 004 -2006 (referred to hereafter as "subject property ") which are currently designated Open Space Residential -2 (OSR -2) on the Land Use Map of the Comprehensive Plan; and WHEREAS, Darrell McNabb has applied for a Comprehensive Plan Amendment during the 2013 Comprehensive Plan Amendment cycle requesting to change the designation of the subject property from OSR -2 to WD -I on the Land Use Map of the Comprehensive Plan; and WHEREAS, the Planning Commission conducted a study session on this proposed Comprehensive Plan Amendment on May 23, 2013; and WHEREAS, the Planning Commission conducted a public hearing on June 27, considered the decision criteria for the amendment request, and forwarded their recommendation to the City Council; and WHEREAS, the shoreline designation for Tax Parcel No. 352502 -2- 004 -2006 ( "Parcel B" on Exhibit A), currently proposed to be Shoreline Residential Conservancy, would need to be designated as Urban in order to be consistent with a WD -I upland designation; and WHEREAS, Darrell McNabb sought this change in the shoreline designation for Tax Parcel No. 352502 -2- 004 -2006 with the Department of Ecology as part of the City's Shoreline Master Program Update; and WHEREAS, the Department of Ecology recommended to the City on November 15, 2013 that the shoreline designation of Tax Parcel No. 352502 -2 -004 -2006 should be changed to Urban, provided that Mr. McNabb executes a Boundary Line Adjustment, moving the western property line to an agreed -upon point to the east; and WHEREAS, Darrell McNabb has agreed to execute the necessary Boundary Line Adjustment; and WHEREAS, the City Council conducted a public hearing on this proposed Comprehensive Plan Amendment on November 25, 2013 and considered the decision criteria; and WHEREAS, notice was given on June 28, 2013 to the Office of Community Development at the Washington State Department of Commerce !in conformance with RCW 36.70A.106; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN, AS FOLLOWS: Section 1. The City Council finds that this Comprehensive Plan Amendment is in conformance with the Comprehensive Plan and all applicable state laws in effect at the time of approval. Section 2. The land use designation for Tax Parcel 352502 -2- 003 -2007 shall be changed from Open Space Residential -2 (OSR -2) to Water- Dependent Industrial on the Land Use Map of the Comprehensive Plan as described above, upon the effective date of this ordinance. Section 3. The land use designation for Tax Parcel 352502 -2- 004 -2006 shall be changed from Open Space Residential -2 (OSR -2) to Water- Dependent Industrial on the Land Use Map of the Comprehensive Plan, effective five (5) days after Darrell McNabb records a Boundary Line Adjustment as described above with the Kitsap County Auditor. Section 4. The approval for a change in land use designation for Tax Parcel 352502 -2- 004 -2006 shall become null and void if a Boundary Line Adjustment is not recorded with the Kitsap County Auditor within six (6) months of the effective date of this ordinance. Section 5. This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL this 25th day of November, 2013. APPROVED BY THE MAYOR this 25th day of November, 2013. ATTEST /AUTHENTICATE: —60ira -3 . \.0"550 A- Rosalind D. Lassoff, City herk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: ven Borkowski, Mayor October 8, 2013 November 25, 2013 December 6, 2013 December 11, 2013 2013 -16 2 4 I i Subject t i Properties OSR -2 F A 1 OSR -1 W Z Pritchard Park vv�- lr-- ag1e OSR -1 Exhibit A