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HomeMy WebLinkAbout4463 Exhibit "A" ORDINANCE NO. AN ORDINANCE amending the Official Zoning Map of the City of Bremerton for property located between Lilac Lane and Bruen Avenue, north of Harlow Drive in the Auto Center Way area of West Bremerton. (JENNINGS KAHN INC. REZONE -- File #: RZ-02-94) WHEREAS, an application has been submitted to rezone 0.65 acre (28,314 sq. ft.) of real property located between Lilac Lane and Bruen Avenue, north of Harlow Drive, northwest of the intersection of Kean Street/Bruenn Avenue in the City of Bremerton; and WHEREAS, the Bremerton Planning Commission conducted a public hearing on April 19, 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 May 25, 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 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. c>~.~ day of ~'~l ~:Y~, 1994. PASSED by the Bremerton City Council this 1 day of (~b~.~ ,1994. -~L-r~mN=~.~ ~il Pre/-si~ent APPROVED this ~ day of ._1994. 6," LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKIO~, Clerk Published: Effective: EFFECTIVE DATE ~- z',~- ~' _ PUBLICATION DATE ~,- '/~ ¢'-/ _ ORDINANCE NUMBER ~ .,.,z.,-//~ Exhibit "A" JENNINGS KAHN INC. 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 on the map below and further described in Exhibit 'B'. Exhibit "B" JENNINGS KAHN INC. REZONE: LEGAL DESCRIPTION: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE QUARTER CORNER COMMON TO SECTIONS 16 AND 21 OF SAID TOWNSHIP AND RANGE; THENCE S 89° 46' 48" W - 94.70 FEET TO A CONCRETE MONUMENT ON THE CENTERLINE OF BRUEN AVENUE; THENCE N 0° 23' 10" E - 137.03 FEET; THENCE S 89° 46' 48" W - 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 0° 23' 10" E PARALLEL TO THE CENTERLINE OF BRUEN AVENUE 295 FEET; THENCE S 89° 46' 48" W - 208.84 FEET; THENCE S 0° 14' 53" W - 99.72 FEET TO A CONCRETE MONUMENT; THENCE S 89° 45' 57" W - 92.53 FEET; THENCE S 0° 14' 03" E - 128.75 FEET; THENCE S 89° 46' 21" W - 54.65 FEET TO THE EAST MARGIN OF COUNTY ROAD NO. 150; THENCE S 30° 18' 12" - E 28.09 FEET ALONG THE EAST MARGIN OF SAID ROAD TO THE BEGINNING OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS N 59° 41' 48" E - 329.26 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 51.27 FEET TO A POINT WHICH BEARS S 89° 46' 48" W FROM THE TRUE POINT OF BEGINNING; THENCE N 89° 46' 48" E - 310.56 FEET TO THE TRUE POINT OF BEGINNING. ALSO THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE N 1° 38' 24" E ALONG EAST LINE OF SAID SUBDIVISION 197.03 FEET; THENCE S 88° 00' W - 145.10 FEET; THENCE S 4° 00' W - 189.32 FEET TO THE SOUTH LINE OF SAID SUBDIVISION S 88° 51' 41" E - 152.41 FEET TO THE POINT OF BEGINNING. Exhibit "C" CITY of BREMERTON ... i IIi i i?i ?:~:iil :.:: :i i:: ii::i::: ii i:iiii/i~i~~. ?i i~. i ii~i ~:~ ?/: i~i. i:!!:~I i ~:?i i ?il !i: ii!~::~ ? ii i !! ?i i ?i~!~i: ?i~?~ :i ::::::::::::/:::::::::::::::::::::::::::::::: i ?iii ?/:i::ii?iiii:!iiiiiiiiii:iiiiiiii::ii i!iii:, i:i ii i:i iii ii i iii ii iii i ii ii i il iii i/i ii i i ii i: !i ~:i i ii i SUMMARY 1. Applicant: JON JENNINGS for JENNINGS KAHN, INC. Drawer A Wycoff Station Bremerton, WA 98310 2. Location: One vacant portion of a lot expanded by Boundary Line Adjustment, located between Lilac Lane and Bruen Avenue, north of Harlow Drive in the Auto Center Way area of West Bremerton. 3. Request: REZONE of a 0.65 acre (28,314 sq. ft.) portion of one parcel from "Single-family Residential (SF-3)" to "Industrial General (IG)". A Rezone is required when an enlargement of a lot by Boundary Line Adjustment is approved between two parcels with different zoning, where the adjustment would clearly allow the uses of a different zone where they would not otherwise be permitted. 4. Attachments: · Map of Current Zoning e Boundary Line Adjustment Maps (File # BLA~)2-94) 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/Bruen Avenue. 1 EXISTING LAND USES & VICINITY MAP B. To the north and west and immediately south 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 is presumed to be R-5MH. C. The subject property is located between Bruen Avenue and Lilac Lane, just north of Harlow Drive. Uses to the northeast, east and southeast of the property include the existing Jennings distributor's warehouse and another industrial warehouse, a trailer manufacturing business and auto sales uses typical of the Auto Center Way area. 2. Current Site Condition and Development: The subject lot is 28,314 square feet (0.65 acres) in size, has approximately 145 feet of frontage on an existing easement road running east from Lilac Lane, and is sloping upward from east to west. The difference in elevation from high side (west) to Iow side is about 30 feet. This portion of the parcel (after the Boundary Line Adjustment) is vacant and undeveloped at the present time. 3. Access and Circulation: The primary (and only) access for the subject property is along the north side of the lot via the existing easement road to Lilac Lane. If the rezone is approved, this access will be required to be abandoned. This property is now part of the large Jennings lot (# 134), and primary access will be from Bruen Avenue and Harlow Drive. 4. Current Comprehensive Plan Designations: OSTRICH SAY LEGEHD ~'~ SENSITI¥1 AREAS ~ RESIOENIIAL/ ,S-3DUNIISIACIS J PAIKS & C~EN SPACE ~ COMMERCIAL ~ PUILK/QUASI PUBLIC FACILITIES N NEIGHIORHOOO COMMIKIAL  E ILEMINTARy SCHOOL ~ INDUSTRIAL / BUSINESS PARK HS H~H SC~OL I1~1/ c.~ ~ R~SIOtNIIAL/ 0-7 UNITS/ACRE 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 28,314 sq. ft. lot (at a density of 1 unit per 4,800 sq. ft. of lot area): Dwelling Unit~: 28,314/4,800 = 5.89 (will round-up to 6 units possible, not including possible land needed for streets). 3 $ingle-familvDwellings:6 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. zl 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 Will have to be extended to the [west.] edge of the property to support commercial use. storm drainage on site must be in accordance with City code at time of submittal. ENGINEERING DEPT.: Ingress/egress and stormwater runoff will require engineering studies at project development phase. B.A.C.O.N.: This should be approved because conditions in the vicinity show all these [industrial] types of businesses. This [proposal] is consistent with the surrounding area. LONG-RANGE PLANNING: This request is consistent with the Comprehensive Plan for the area. A reasonable zoning change request, since it's adjacent to a large IG area and the site is not really part of a residential neighborhood. 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: 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 portion of the expanded lot (already zoned 'IG') 5 together for future development and expansion of the existing distribution business, an industrial use 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. The applicant believes that the Industrial designation of the property justifies the need the zoning change for the portion of the expanded lot 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 April 11, 1994. 4. The Rezone bears a substantial relation to the public interest or welfare because there is a public need for a change 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 right-of-way) of all urban utilities and services. It is also located adjacent to Bruen Avenue 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 April 19, 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 Jennings Kahn Inc. Rezone, from 'Single-family Residential (SF-3) to 'Industrial General (IG)', for the .65 acre parcel (expanded portion of the existing lot #134) located between Bruen Avenue and Lilac Lane in the Auto Center Way area of West Bremerton. KELLY KRAUTSCHEID, Vice-Chair Date Bremerton Planning Commission DONALD L. PRATT, Secretary CURRENT ZONING ZONING DISTAICTS '" ......... ON THIS MAP '~ " SF-1 Single-family Residential $F-2 Single-family Residential SF-3 Single-family Residential GB General Business IG General Industry Industrial Park .$. ~T ~N ,~ PS Parks & Schools - I I FM Forest Management ,, \"~ · S££ ~ OF' ZOt,/! NG ORD ! NANCE: FOR  11,,~ ~ SPE:C I Ir I C DE'V~L, OPME:NT RE:GLILA. T ]ONS. ! / / I,L 2 0 2 1994 Application for ZONE RECLASSIFICATION (Re eh P/~RTMEI~' A'ZONE ~EC~SSIFICATION (Bezone) of prope~ from One zoning district lo another may be approved by the Ci~ Council, following public hearings before both the Planning Commission and Ci~ Council and, in most cases, one or more public neighborhood meetings lo gather information and ensure adequate oppo~unities for public comment. To apply for a B~ONE, please complete this application form with as much detail as possible abo~ your proposal and submit it along with the required a~achments and application fee. 1. APPLICANT: Name: Jennings, Jennings Kahn Inc. Jon Jennings Drawer A W¥coff Station Address: City: Bremerton, State: Wash. ZIP: 983]0 Telephone: WORK: 377-8595 HOME: 2. CONTACT PERSON: (If other than applicant). Name: Jeff.'Coombe ~,~ Telephone: WOR/f: 698-2332 HOME: 3. TITLE HOLDER: (If other than applicant). Name: Address: City: State: ZIP: Telephone: 4. PROPERTY LOCATION: Address: Bruenn Ave See attached General Location (intersecting streets, etc.): Bruenn Ave near Harlow Industrial/Business Park 5. COMPREHENSIVE PLAN DESIGNATION: NA 6. SHORELINE ENVIRONMENT DESIGNATION: SF-3 7. CURRENT ZONING: Industrial General 8. REQUESTED ZONING: 9. ASSESSOR'S ACCOUNT NUMBER(S}: [Parcels to be Rezoned] i62401-3-134-2007 10. COVENANTS, EASEMENTS OR OTHER RESTRICTIONS: Briefly describe here and also show on map. None 11. BASIS FOR P. EQUEST: State clearly and completely-the reasons or rationale for this REZONE request. Attach additional pages as necessary. This property abutts existing Industrial General Zoning. Jennings owns the adjacent property and also operates a wholesale beverage distributorship at that location. If the rezone is successfull expansion could be possible and eliminate the possibility of relocation of this business. 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 REZONE 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 REZONE 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: The rezone is consistent with the comprehensive plan and would be compatible because of the zoning, in the immediate vacigity. All utilities are available and to the site and the rezone would not result in any adverse environmental consequenses. Topography and proposed access assures the rezone to blend with surrounding uses and wil~ enable this long time,Bremerton City Based business to continue to thrive and expand without relocation. 13. ATTAC~LENTS: 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. 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-APPLICATION 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.  plic~t ~ Date * The City of Bremerton 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 April 19, 1994 MEMBERS PRESENT: Chair: Kelly Krautscheid; Commissioners: Robin Abille, Richard Goetze, John Hancock, Wayne Olsen and Laurence Stone. STAFF PRESENT: Don Pratt, DCD Director; Jack Allingham, Senior Planner; Shane Jensen, Land Use Planner; Rhonda Wallace, Secretary. B. ~ Jennings Kahn, Inc. ~.- Rezone a 19,000 sq.ft, site from Single Family Three (SF-3) to General Industry (IG) ~ West of 222 Bruen commission conflict of Interest/Appearance of Fairness: None. Public conflict of Interest/ADDear~c9 of Fairness: None. S~AFF PRES~ATION Shane Jensen. Land Use Planner presented the staff report for this application. He reviewed current comprehensive plan designation and how it applies to this application. APPLICANT PRESENTATION Jeff coombe. 9226 Bayshore Drive NW #101 representing Jennings, Jennings, Kahn aka Jennings Corporation. Mr. Coombe gave background of the Jennings Corporation. He presented the Commission a map with surrounding lots and their zoning. Mr. Coombe gave reasons why the rezone is needed. Chairman Krautscheid called for comments in favor of this aDolication~ None were offered. Chairman Krautscheid called for comments in ODOosition of this aDolication. None were offered. Chairman Krautscheid called for comments of a neutral nature for this application. None were offered. Mr. Pratt read into the record letters received from Betty Vaughn and Ralph Erickson (Timkath Partnership). APPLICANT REBUTTAL Rebuttal from Jeff Coombe Jeff Coombe stated that he received a call from a resident on Lilac Lane and addressed neighbor's concern. He stated that he talked and met with Betty Vaughn and that she has valid concerns. At conclusion of this meeting, he met with Jennings Corporation and irregardless of the status of this rezone application, an all employee meeting was held and they addressed the issue of noise. Jennings Corporation immediately issued a change in company procedure at this meeting and that no one is allowed to work outside until 7:30 a.m. Mr. Coombe stated that this action is a good indication of the neighbor good will and willingness to be a good neighbor. COM]4ISSION DISCUSSION Commissioner Stone asked will lot 063 continue to be a SF residence. Yes. M/s/c/u (ABI~.T.E/OLSE~)