HomeMy WebLinkAbout4456 Exhibit "A"
ORDINANCE NO.
AN ORDINANCE amending the Official Zoning Map of the City of Bremerton
for property located on the southwest side of Harlow Drive approximately
300 feet west of Kean Street in the Auto Center Way area of West
Bremerton. (FOX REZONE -- File #: RZ-01-94)
WHEREAS, an application has been submitted to rezone 0.96 acre (41,818 sq. ft.)
of real property located southwest of Harlow Drive, west of the intersection of Kean
Street/Bruenn Avenue in the City of Bremerton; and
WHEREAS, the Bremerton Planning Commission conducted a public hearing on
March 15, 1994, to accept public comments and to consider this request, following which a
recommendation for APPROVAL was forwarded to the City Council; and
WHEREAS, the Bremerton City Council conducted a public hearing on April 13,
1994, to accept additional comments and to consider the recommendation of the Planning
Commission; now therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to
rezone the subject property at 5301 Harlow Drive from 'Single-family Residential (SF-3)" to
"Industrial General (IG)', as shown on Exhibit 'A' and further described in Exhibit 'B', which are
attached hereto and incorporated herein.
Section 2. This decision is based on the Findings of Fact and Conclusions of Law
of the Bremerton Planning Commission, which are attached hereto and incorporated herein
as Exhibit "C".
APPROVED by the City Council on the first reading this /~-/~ day of
~, 1994.
PASSED by the Bremerton City Council this c~. O~,C, day of ,...~_,~.,Z,.z__, 1994.
E'i-LEEN FITZ, Cou/ncil President
APPROVED this ~ day of ~,.~1994.
HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKE¥, Clerk
Published:~
Effective:~
Exhibit "A"
FOX REZONE:
With passage and approval of this Ordinance, the Official Zoning Map of the City of
Bremerton is amended from "Single-family Residential (SF-3) to "Industrial General
(IG)" for the property shown as indicated by cross-hatching and the arrow on the map below
and further described in Exhibit 'B'.
Exhibit "B"
FOX REZONE:
LEGAL DESCRIPTION:
SECTION 16, TOWNSHIP 24 NORTH, RANGE 01 EAST, W.M.
THAT PORTION OF THE SW 1/4 CONVEYED BY AUDITOR'S NO. 7810250061 DAF,
BEGINNING 665.17 FT. WEST OF THE SOUTHEAST CORNER OF THE SW 1/4,
THENCE NORTH 321.90 FT. TO COUNTY ROAD, THENCE SOUTHEASTERLY ALONG
COUNTY ROAD TO SECTION LINE, THENCE WEST ALONG SECTION LINE TO POINT
OF BEGINNING, EXCEPT THE NORTH 140 FT. AS MEASURED ALONG THE WEST
LINE THEREOF.
Exhibit "C"
CITY of BREMERTON
::: ................ ........................................... ::::::::: ................................................... :::::::::::::: .............. ::::::.:::.~OX.!!.R:E.Z.ON.E ..................................................... .::::::::.:
CITY COUNCIL HE/~ING DATE: April :13, :1gg4
PREPARED BY: Shane Jensen, Land Use Planner
SUMMARY
1. Applicant: Jim Short for Leon Fox
2529 West Marine Drive
Bremerton, WA 98312
2. Location: One vacant lot, located on the southwest side of Harlow Drive,
approximately 300 feet west of Kean Street in the Auto Center
Way area of West Bremerton.
3. Request: Rezone of one 0.96 acre (41,818 sq. ft.) parcel from "Single-
family Residential (SF-3)' to 'Industrial General (IG)".
4. Attachments: ~ Map of Current Zoning
e Rezone Application
FINDINGS
1. Land Use Inventory:
A. A general land use inventory was conducted of the area surrounding the
subject property -including both sides of Harlow Drive and along Kean
Street/Bruenn Avenue.
B. To the north and west of the subject property are single-family homes, zoned
SF-3 in the City limits. The County designation for the area immediately
adjacent to City limits if presumed to be R-5MH.
1
C. The subject property is within 300 feet of the Kean Street intersection. Uses
to the northeast, east and south of the property include industrial warehouse
and auto sales uses typical of the Auto Center Way area.
EXISTING LAND USES & VICINITY MAP
2. Current Site Condition and Development:
The subject lot is 41,818 square feet (0.96 acres) in size, has approximately 210
feet of frontage on Harlow Drive, and is sloping upward from east to west. The
difference in elevation from high side (west) to Iow side is about 30 feet. The parcel
is vacant and undeveloped at the present time.
2
3. Access and Circulation:
A. The primary (and only) street frontage for the subject property is along the
southwest side of Harlow Drive. Harlow Drive has a right-of-way width of
approximately 35 feet in front of the subject property.
B. With the exception of the existing drainage ditch along the Harlow Drive
frontage, there are no curbs, gutters, sidewalks or other street improvements
(other than paving) in the immediate vicinity of the subject property.
C. It is likely that this property would be required to make standard street
improvements as part of a future development, including curbs, gutters and
sidewalks and dedication of additional right-of-way.
4. Current Comprehensive Plan Designations:
OSTRICH
BAT
i
The Comprehensive Plan clearly shows the INDUSTRIAl/BUSINESS PARK designation for
areas along Bruenn/Kean Streets and Harlow Drive west of the Bruenn/Kean and Harlow
intersection. The subject property lies within this designation.
5. Current and Proposed Zoning:
A. The subject property is currently zoned 'Single-family Residential (SF-3)'. Only
single-family development is allowed in this zone - regardless of lot size. This
zone would allow the following development on the 41,818 sq. ft. lot (at a
density of 1 unit per 4,800 sq. ft. of lot area):
Dwellin_e Units: 41,818/4,800 = 8.71 (will round-up to 9 units
possible, not including possible land needed for
streets).
Sin~le-familvDwellings:9 structures maximum @ I unit per
structure.
B. The 'Single-family Residential' zone also allows the following land uses:
Zero-lot-line development (PUD)
Manufactured homes
Day care facilities
Boarding/rooming houses (SUP)
- Group residential facilities (SUP)
- Bed & breakfast establishment (SUP)
- Private recreational facilities and clubs (SUP)
- Public parks, playgrounds and athletic fields (SUP)
- Private schools (SUP)
- Churches
- Libraries
- Clubhouse, community center, fraternity lodge
- Police and fire facilities (SUP)
Home occupation businesses
C. The applicant is requesting a zoning designation of 'Industrial General (IG)',
which does not allow residential development. This would be consistent with
the City's long-range Plan for this area.
D. The Zoning Ordinance allows the following land uses within the 'Industrial
General' zone:
Day care facilities (13 or more children)
Restaurants, cafes, cafeterias and delicatessens (some need SUP)
Drive-in theater (SUP)
Bowling alley
Private recreational facilities and clubs
Public parks, playgrounds and athletic fields (SUP)
- Public schools (SUP)
Private schools
Churches (SUP)
Social Service and Welfare Facilities
Law Enforcement and Fire Facilities
Medical Laboratory
Car, truck, motorcycle, RV and marine craft retail sales
Car repair, accessory sales gas and washing services
Non-accessory parking
Bus passenger terminal
Professional and general offices
Many types of repair, construction, manufacturing, wholesale sales,
warehousing and distribution uses.
E. The City's Zoning Ordinance requires off-street parking, setbacks,
landscaping, and other development features that are intended to screen or
buffer more intense uses from adjacent residential areas.
F. The administrative Site Plan Review process helps ensure that the concerns
and technical requirements of all major City departments, and often other
agencies, are adequately addressed in the design of the development. This
process culminates in an administrative decision that is open to public review
and which may be appealed to the Planning Commission.
6. Comments Received:
A description of this Rezone request was routed for written comments by other City
departments and affected agencies. The following significant comments were
received:
UTILITIES DEPT.: Water and sewer service for the site is not available at this time.
Extension of these services will have to be done by the owner
as per the 1992 Wastewater Comprehensive Plan.
ENGINEERING DEPT.: Ingress/egress and stormwater runoff will require
engineering studies at project development phase.
REZONE CRITERIA
The criteria on which rezones must be based are contained in Zoning Ordinance
Chapter X, Section 5-B and are addressed as follows:
5
1. The Rezone is substantively consistent with the Comprehensive Plan.
The property is located within the INDUSTRIAL/BUSINESS PARK
Comprehensive Plan designation. The request is for 'IG' zoning, an industrial
zone fitting the description of the Comprehensive Plan for industrial areas.
The applicant stated on the Rezone application form that the objective of the
proposal is to use this lot and the adjacent lot (already zoned 'IG') together for
development of industrial uses more in keeping with the established uses in
the majority of the surrounding area. The request is consistent with the
Bremerton Comprehensive Plan.
2. The Rezone is necessary because of (a) markedly changed conditions
in the immediate vicinity that require a rezone in the public interest;
(b) a need to correct an inappropriate zoning classification or
boundary; or (c) a need to place or remove an overlay zone.
In this case, there is no overlay zone and no obviously incorrect zoning
classification. However, because the current zoning is a Iow-density
residential zone, it does not support and is inconsistent with the
Comprehensive Plan's industrial designation. Because the Comprehensive
Plan guides zoning, and because zoning does not always take place until there
is a need for it (in the public interest), the fact that the applicant now desires to
make the zoning of the property consistent with the Plan satisfies this criterion
without a need for marked changes in surrounding conditions. Even so, the
applicant feels that there have been significant changes:
'In the overall scheme of things, it makes sense that the entire area,
from the applicant's property way to the south [and east to the freeway]
will eventually develop as something other than single-family detached.
In fact, it is unknown why this small piece was not zoned IG when the
whole area was zoned, especially in light of the fact that the
Comprehensive Plan recognizes the property as
'INDUSTRIAL/BUSINESS PARK'.
The applicant believes that the Industrial designation of the property justifies
the need the zoning change to comply with the Comprehensive Plan. The
location near the Auto Center Way area is more conducive to industrial zoning
than it is for Iow density residential.
3. The Rezone would not result in adverse environmental consequences.
An Environmental (SEPA) Checklist was submitted with the rezone application
and reviewed for any adverse environmental impacts. The review concluded
with a Determination of Nonsignificance (DNS), issued on March 3, 1994.
4. The Rezone bears a substantial relation to the public interest or
welfare because there is a public need for a chanl[e of this kind and
the public need will be best served by this rezone:
Bremerton is in need of additional industrial lands, especially as the work for
expanded economic diversification has currently been heightened to relieve
the City's dependence on defense-related jobs. The City's Comprehensive
Plan policies recommend ensuring the availability of land served with utilities
and other urban services within existing and planned business and industrial
areas. The Auto Center Way area is such an area and is designated on the
Comprehensive Plan Map. This site, under the IG zoning designation, will
serve the public interest by increasing the supply of industrial sites available in
the City limits and through tax revenues generated by industrial uses on the
site in the future.
5. Essential public facilities and services are presently available and
adequate, or can be made available:
The primary advantage of this site is the availability (upon extension from the
Kean Street/Harlow Drive intersection) of all urban utilities and services. It is
also located adjacent to Harlow Drive for easy vehicular access, and access to
public transit services. This location will maximize use of existing
infrastructure while helping to discourage sprawl in other City or rural areas.
Any utilities and/or street improvements that may be substandard can be
brought up to standard by the developer at the time of development.
CONCLUSIONS
1. This requested rezone satisfies all five applicable rezone criteria of the
Bremerton Zoning Ordinance.
2. The location is particularly suitable to uses allowed in the IG zone because it
takes advantage of existing urban infrastructure in an established
industrial/business park area.
RECOMMENDATION
Following its public hearing on March 15, 1994, the Bremerton Planning Commission found
that this rezone request adequately met all rezone criteria. The Commission voted
unanimously to recommend City Council APPROVAL of the Fox Rezone, from "Single-family
Residential (SF-3) to 'Industrial General (IG)', for one parcel located on Harlow Drive
approximately 300 feet west of the Bruenn/Kean and Harlow intersection in the Auto Center
Way area of West Bremerton.
KELLY KRA(JTSCHEID, Vice-Chair Date
Bremerton Planning Commission
DONALD L. PRATT, Secretary
8
CURRENT ZONING
~ ~ '-- ' ZONING DISTRICTS
........ ON T~I$ MAP
~ --- SF-1 Single-family Residential
$F-2 Single- faz~ily ~sidential
SF-3 S~gle-f~ily Residential
GB General Business
IG ~neral Indust~
IP Industrial Park
.~ PS Parks & Schools
~ FM Forest M~agement
City of Brernerton
Application for
ZONE RECLASSIFICATION (Rezone)
FEE: $500. O0
A ZONE RECLASSIFICATION (Rezone) of property from one zoning district to another may
be approved by the City Council, following public hearings before both the Planning
Commission and City Council and, in most cases, one or more public neighborhood
meetings to gather information and ensure adequate opportunities for public comment,
To apply for a REZONE, please complete this application form with as much detail as
possible about your proposal and submit it along with the required atlachments and
application fee,
1. APPLICANT:
Name: Jim Short / For Leon Fox
'Address: 2529 West Marine Drive
City: Bremerton State: WA ZIP: 98312
Telephone: WORK: 479-692~ HOME: 479-6924
2. CONTACT PERSON: (If other than applicant).
Name: Jim ghort
Telephone: WORK: 479-6924 HOME: 479-692'4
3. TITLE HOLDER: (If other than applicant).
Name: Fox Motors~ /nc.
Address: 5223 1st Street
city: Bremerton State: WA ZIP: 98312
Telephone:. ( 20~ ~77-0027
4. PROPERTY LOCATION:
Address: No street address at this time
vacant land
General Location (intersecting streets, etc.):
West of Kean and Harlow Drive
1
5. COMPREHENSIVE PLAN DESIGNATION: Industrial / Business Park
6. SHORELINE ENVIRONMENT DESIGNATION: N/A
7. CURRENT ZONING: SF-q
8. REQUESTED ZONING:
9. ASSESSOR'S ACCOUNT NUMBER(S): [Parcels to be Rezoned]
162401-3-118-2002
10. COVENANTS, EASEMENTS OR OTHER RESTRICTIONS:
Briefly describe here and also show on map.
A portion of a 60' easement for ingress, egress and utilities
serving portions of Haselwood property to the South.
11. BASIS FOR REQUEST:
State clearly and completely the reasons or rationale for
this REZONE request.' Attach additional pages as necessary.
see attac~ed
12. CRITERIA FOR APPROVAL:
This REZONE request can be approved by the Bremerton City
Council only if all of the following criteria can be met:
1. The REZONE is substantively consistent with the Comprehensive Plan.
2. The REZONE is necessary because either:
a. Conditions in the immediate vicinity have so markedly changed that a
RF7ONE is required in the public interest;
b. The REZONE will correct a zone classification or zone boundary that
was inappropriate when established; or
c. The RFUONE is to place or remove an overlay zoning designation on
the Zoning Map.
3. The REZONE would not result in adverse environmental consequences.
4. The REZONE bears a substantial relation to the public interest or welfare
because there is a public need for a change of the kind in question; and that
public need will be best served by changing the zoning classification of the
subject property;
5. Essential public facilities and services are presently available and adequate, or
can be reasonably made available; and
6. In the case of a City-initiated area-wide REZONE only: The REZONE is area-
wide in scope, the action directly and similarly affects a significant class of
properties rather than individual parcels.
* Please provide below (or on separate paper) a detailed
explanation to show as clearly as possible how your REZONE
request is consistent with each of the above criteria:
See attached
13. ATTACHMENTS:
A. Notification List: Typed name/address labels for the
owners of all property within a radius of 300 feet of
the subject REZONE area are required. These may be
provided by the applicant, or the City Planning
Division will assemble the labels at a cost to the
applicant of $2 per label, at the applicant's option.
B. Location Map: A map showing the general location
within the community of the area subject to the REZONE,
including streets, shorelines and other major features.
REZONE REQUEST
SF 3 TO IG
Item 11: Basis for request
The owner, Mr. Leon Fox, owns two adjoining tax lots
one of which is already zoned IG and the second of
which is zoned SF-3. Mr. Fox desires to eventually
develop the entire parcel(s) as one.
As you know the area around the subject property is
known as Auto Center. Across Harlow Drive to the
North and East is Jennings Corporation, to the West
is the old Fox Motors sales lot which is now owned
by Parr Ford. To the South is a large chunk of
HMI, Inc. property owned by Mr. Haselwood. On the
subject property's western boundary are a few
residences which are in the County just outside the
City limits. Topographically they are about 30
vertical feet above the mid point of Mr. Fox's
property. Another residence is located immediately
North of the subject site.
The site is served by all public utilities including
natural gas. Road frontage along Harlow Drive is
approximately 304 feet. The applicant can forsee
no adverse environmental consequences resulting from
eventual development. Careful attention however will
have to be paid to stormwater runoff but that will be
handled at time of building permit.
In the overall scheme of things it make sense that the
entire area from applicants property way to the South
will eventually develop as something other than single
family detached. In fact, it is unknown why this small
piece was not zoned I.G. when the whole area was
zoned, especially in light of the fact that the Comp-
rehensive Plan recognizes the property as "Industrial/
Business Park"
Item 12: Criteria For Approval
1) The rezone is consistent with the Comp Plan.
2) The rezone is necessary because
a) It is consistent with the uses in the immediate
vicinity and
b) The rezone likely will correct a zone boundary
that was inappropriate when established.
3) The rezone would not result in adverse environmental
consequences.
4) The rezone bears a substantial relation to the public
interest.
5) Ail essential public facilities are presently available.
C. Vicinity Map: A Kitsap County Assessor's map at a
scale of 1" = 100' or 200'.
The subject REZONE area shall be in the center.
All existing streets, lots, shorelines, and other
physical features shall be shown on the map.
% Existing land uses within a radius of 300 feet of
the subject area shall be clearly indicated.
% Any additional information that will help to
clearly define the proposal.
D. Environmental Checklist: Obtain form at Planning
Division Office.
14. PRE-~PPLICATION CONFERENCE:
The Planning Division should be consulted to discuss
the proposal and specific information needs prior to
submittal of the REZONE application package.
15. APPLICANT'S STATEMENT:
I hereby state that I am the applicant, or the authorized
agent for the applicant and that all foregoing statements
and information provided herein are, to the best of my
knowledge and belief, true and complete. I understand that
the filing fee accompanying this application is not
refundable, is for the purpose of partially defraying the
administrative expenses of processing this application, and
that the payment of said fee does not result in automatic
approval of this request.
1~ an' ' ~ Date
* The City of Bremedon does not discriminate on the basis of race, sex, color,
religion, national origin, age, or disability in the provision of services, in
programs or activities, or employment opportunities and benefits.
Exhibit "D"
PLANNING COMMISSION MINUTES
March 15, 1994
MEMBERS PRESENT: Chair: Virginia McBride, Vice-Chair Kelly Krautscheid; Commissioners:
Robin Abille, Richard Goetze, John Hancock, Russell Nickerson,
Wayne OIsen and Marylee Welling.
STAFF PRESENT: Don Pratt, DCD Director
David Nelson, Building Official
Jack Allingham, Senior Planner
Shane Jensen, Land Use Planner
Rhonda Wallace, Secretary
B. ~Jim Short for Leon Fox
Action: Rezone a vacant site of approximately one acre
from SF-3 to Industrial General
Location: 5301 Harlow Drive
Commission confl%ct of Interest/Appearance of Fairness: None.
Public conflict of Interest/Appearance of Fairness: None.
Staff Presentation
Shane Jensen, Land Use Planner presented the staff report for this
application. Mr. Jensen's report included an overhead slide
presentation. Mr. Jensen read into the record a letter from Betty
Vau~hn in which she objected to the approval of this application.
Chairman McBride called for comments in favor of this application.
None were offered.
Chairman McBride cal~ed for comments in opposition of this
application. None were offered.
Chairman McBride called for comments of a neutral nature for this
a_~cation. None were offered.
COMMISSION DISCUSSION
Commissioner N~ckerson offered the comment that nothing but
commercial is currently surrounding this parcel and can see nothing
other than a land use of commercial such as this application being
compatible in that area.
M/S/C/U ( OLSEN - NICKERSON )
BE IT RESOLVED, the Bremerton Planning Commission, after
considering oral and written testimony and the staff report, hereby
APPROVES the Fox Rezone proposal (File #: RZ-01-94).
~ advised the public of the Planning Commission's
APPROVAL of the Fox Rezone (File #: RZ-01-94). Mr. Jensen advised
the public that this decision may be appealed to the City Council
within fourteen days of the posting of this decision.