HomeMy WebLinkAbout4788 ORDINANCE NO. z./.'7_,¢,~
AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County,
Washington, amending the City of Bremerton Official Zoning Map to maintain
consistency with the Bremerton Comprehensive Plan, including the following:
PL01-0051: Amendment of the Official Zoning Map for all parcels zoned BP (Business
Park) in that area bordering Evergreen Park, and bounded by 14th Street in the north,
Park Avenue in the west, 12th Street in the south, and Highland Avenue in the east, to
MX (Mixed Use), consistent with the current MU designation in the Land Use Plan. This
zoning map amendment is described and graphically represented in the attached
Exhibits A, B, and C.
WHEREAS, the 1995 Bremerton Comprehensive Plan was adopted April 5,
1995, to provide direction to the community's growth and development and to further the
goals of the Washington State Growth Management Act; and
WHEREAS, Title 21.02 Zoning Ordinance of the Bremerton Municipal Code
(BMC) and an Official Zoning Map were enacfed on April 14, 1997, to achieve the intent
of regulatory consistency in implementation of the Comprehensive Plan as provided in
RCW 36.70A.; and
WHEREAS, the Land Use Plan map of the Comprehensive Plan designates
parcels bordering Evergreen Park, and roughly bounded by Park Avenue, 14th Street,
12th Street, and Highland Avenue, as MU (Mixed Use)[Exhibit A]; and
WHEREAS, the Official Zoning Map designates parcels bordering Evergreen
th th
Park, and roughly bounded by Park Avenue, 14 Street, 12 Street, and Highland
Avenue, as BP (Business Park)[Exhibit B]; and
WHEREAS, regulatory consistency with the Comprehensive Plan is stipulated in
BMC 21.02.090 and requires that zoning must be consistent with the Plan; and
WHEREAS, Figure 090 of BMC 21.02 indicates that MX (Mixed Use) is the zone
classification that implements the MU (Mixed Use) designation of the Comprehensive
Plan; and
WHEREAS, current development proposals in the vicinity of Sheldon Boulevard
are affected by the inconsistency between the Plan and zone designations: and
WHEREAS, the proposal for an area-wide rezone to bring the designation of the
Zoning Map into consistency with the Plan designation was advertised to the general
public in the Sun on November 15, 2001, for public hearing and comment before the
Planning Commission on November 26, 2001; and
WHEREAS, there was no public comment on the proposal at the hearing on
November 26, 2001; and
WHEREAS, the Planning Commission received a staff report on the proposed
map revision on November 26, 2001[Exhibit C]; and
WHEREAS, a Determination of Non-Significance was issued on the proposed
revision by the Director of Planning and Building on November 22, 2001; and
WHEREAS, the Planning Commission voted on November 26, 2001, to
recommend approval of the proposed revision to the Official Zoning Map to the City
Council; and
WHEREAS, the Planning Commission approved the attached Findings and
Conclusions on November 26, 2001, in support of its recommendation for approval;
NOW THEREFORE BE IT RESOLVED, THE CITY OF BREMERTON DOES ORDAIN
THE FOLLOWING:
Section 1: That the Official Zoning Map of the City of Bremerton is hereby
amended as depicted in attached Exhibits B; and
Section 2: The effective date of this Ordinance shall be ten (10) days from the
date of passage and publication by the Mayor and City Council.
APPROVED by the City Council of the City of Bremerton this ~ day
2001.
PASSED by the City Council of the City of Bremerton this,P/.,~ day of ~,.e~
2001.
JO~ LA~ -
City Council President
KATHLEEN MoCLUSKEY Mayor
City Clerk EFFECTIVE DATE
PUBUCA 0N DATE
ORO NANCE O BER
CITY OF BREMERTON
PLANNING AND BUILDING DEPARTMENT
STAFF REPORT
ZONING MAP AMENDMENT
for
BP zone bounded by 14thlPark/12th/Highland - (P&BD File #: PL01-0051)
Applicant: City. of Bremerton. Planning and Building Department
286 4~h Street
Bremerton. WA 98337
Location: This proposal involves all parcels zoned BP (Business Park) in that area bordenng Ever~een
Park. The area is bounded by i4th Street in the north, Park Avenue in the west, [2th Street in
the south, and Highland Avenue in the east.
Description: This application consists of a proposal to amend the Official Zoning Map of the City, of
Bremerton ~br the area described above. The area is currently zoned Business Park (BP).
The proposal would amend the Official Zoning Map by changing the zoning
classification to Mixed Use (.¥LX) to reflect the current Comprehensive Plan Map, Mixed
Use (MU) designation.
Proposal: The City. of Bremerton Rezone Application PL01-0051. proposes to amend the Official
Zoning Map or' the City of Bremerton at the location described above by changing the
zoning classification to .'v[ixed Use t MX} to reflect the current Comprehensive Plan Map,
Mixed Use {NiL'). desibmation ~or this same proposal area.
FINDINGS
1. Surrounding Land Uses:
A land use inventory was conducted of the subject area. Several of the proposed rezone parcels
are part of Ever~een Park's Phase [I expansion. The other parcels involved are former light
indusrnaI sires. The following table describes the ~.wpe of parce!s that border the subject area.
i Relation to
~ Subject Current Zoning Comprehensive Plan Designation
' Property.
North Parks & Schools (PS) Parks & Open Space (P)
i South Central Bremerton Residential High Density. Residential {HDR)
i (CBR)
i East Central Bremexon Residential Medium-Density Res!dential
i (CBR),'Parks & Schools ('PS) ' (MDR)/Parks & Open Space (P)
West i Residential Medium Densi~ (MR) i! Mixed Use (~')
3. SEPA Determination:
Zoning Map Amendment application requests are considered non-prOject actions which do not
propose specific development pr°Jects. Throughout the year. applications tbr zoning map
amendments can be submitted. Those zoning map amendments recommended for approval as a
result or' the Public Hearing process conducted by the Bremerton Planning Commission are
adopted by City. Council Ordinance.
A SEPA review check list has been reviewed for this non-project zoning map amendment
proposal. Further development of property, effected by this specific zoning map amendment that
is not categorically exempt pursuant to WAC Chapter t97-'11-800, and, which will require
issuance ora City. license or perrmt, will be subject to future review under SEPA.
A Determination of Non-Sig-nificance was issued for this non-oroiect action in accordance with
WAC 197-1 I on November 22, 2001.
4. Area-wide Rezone Decision Criteria
The procedures to be t'ollo~ved tbr Zoning Ordinance or Official Zoning Map changes are those
found in Section 21.02.920 "REZONE" of the Bremerton Municipal Code (BMC) and Section
21.02.090 "PL,~N/ZONTNG CONSISTENCY".
The City, Council may approve a change in zoning classification of property within the City
limits by passage of an ordinance, following a public hearing, provided the new zone is
consistent with the CiD~'s Comprehensive Plan and adopted approval criteria. Approval of a
Rezone results in a change to the Official Zoning .¥Iap.
The Bremerton Municipai Code, Section 21.02.920td) Criteria %r Approval: A rezone may be
approved ir' all of the .~bllowing can be answered "YES":
(1) Is the proposed rezone consistent with the Comprehensive Plan? (See Section
21.02.090 "Plan/Zoning Consistency" of'this code.)
Response: The proposed Mixed Use (NIX) zone classification is consistent w~th the
existing Mixed Use IMU) Comprehensive Plan des~g-nation tbr the proposal area.
The Bremerton Comprehensive Plan, Section C--l: Campus, Evergreen Neighborhood, discusses
plan policies specific to the development of the Ever~een Park neighborhood and includes the
t'ollowing Development Concept Policies:
· (e) "To provide a mixture of housing sizes, types and costs for all economic se~m~nents of
the population and to encourage infill development:"
· (t) "To prevent the encroachment of large-scale businesses into the neighborhood while
allowing small 'mom and pop' scale convenience stores and services:"
2
· (g) "To encourage mixed use development, particularly residential over commercial."
The Cit-y's Comprehensive Plan currently identifies this proposal area as Mixed Use (MU). This
(*IX) concept was included in the Environmental Impact Statement adopted in 1995 along with
the Comprehensive Plan Ordinance.
(2) Is the rezone justified for one or more of the following reasons.'?
Ir is in the pztblic imerest to approve the Rezone to accommodate ~zeeded changes within
t. he immediate vicinity or neighborhood.
It will correct cz zone classification or boundary that was inappropriate when
established.
It is a planned step in a phasing process to gradually bring zoning into consixtency with
the 20-year Comprehensive Plan 'when appropriate
[t will place or move an overlay zoning designation without affecting the underlying
zone.
Response: [t is in the public interest ro consider approval of this rezone request as it ~vould
bring the Zoning Code classification into compliance with the Comprehensive Plan designations
and w/il further correct a zone classification that now appears inappropriate when it was
established.
(3) Is there a public need for the proposed Rezone that will clearly benefit the local
neighborhood and/or the communi~ of Bremerton?
Response: As the area proposed for rezone alread,,' exhibits considerable legai non-
conforming "mixed '~and use" the rezone of rhe area to Mixed Use (.¥LX) will bnng :he area into
compliance with the Comprehensive Plan designation of Mixed Use (MU) and provide for
continued realizat:on of the Comprehensive Plan's Goa~s and Objectives.
(4) Are all essential public facilities and services available and adequate, or can be
made available, to serve the types and levels of development permitted in the
requested zone?
Response: The entire utiii ,fy infrastracrure required to support further mixed-use
de':elopment of this proposal exists ~n the area. [f there are any deficiencies in the existing
infrastructure, whether for roads, water, sexver or storm sewer, the application process for further
development or' any new projects proposed as a result of this zone classification compliance
effort will be required to pay for or participate in the expenses required to up~ade the utility, or
road service systems.
(5) Will the area being proposed for rezoning become part of a larger zoning district or
form a new district which will not be considered an isolated "spot zone'?"
Response: This request for an Official Zoning Map amendment (Rezone) will bring the
Official Zoning Map classification for this area into compliance with the larger Mixed Use area
(a larger zoning district) as depicted in the Comprehensive Plan, and will not form a new district,
nor constitute a "spot zone".
The Bremerton Municipal Code, Section 21.02.090 "PL,~N/ZONING CONSISTENCY" states:
Regulations used to implement the Comprehensive Plan, including zoning, must be consistent
with the Plan. Figure 090, PRINL~Y ZONE CONSISTENCY depicts the relationships between
each Plan designation and the primary zones.
The current Comprehensive Plan designation of the proposal parcels is Mixed Use (NFU), and
includes the_proposed Mixed Use (NLX) zone as the primary zone. Application and
reclassification of the current BP zone to NLX will achieve consistency between the
Comprehensive Plan and the Official Zoning Map, as required by the State's Growth
Management Act.
Staff report prepared by:
Laura Freed. City. Planner
Date:
Amended by:
Laura Freed. City. Planner
4
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 170887
I, Peggy Szumiesz, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: January 7, 2002; and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $41.39 amount has not been paid in full.
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Notary Public in and for the ~~M~\6t washington, Kitsap County.
ORDINANCE NO. 4788'
AN ORDINANCE ofthe City Council of the City of Bremerton, Kitsap County, Washington, amending
the City of Bremerton Official Zoning Map to maintain consistency with the Bremerton Comprehensive
Plan, including the following:-
PL01-0051: Amendment of the Official Zoning Map for all parcels zoned BP (Business Park) in that area
bordering Evergreen Park, and bounded by 14th Street in the north, Park Avenue in the west, 12th Street
in the south, and Highland Avenue in the east, to MX (Mixed Use), consistent with the current MU
designation in the Land Use Plan. This zoning map amendment is described and graphically represented
in the attached Exhibits A, B, and C.-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
January 7,2002- - #17088T