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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.