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HomeMy WebLinkAbout4315 91 t PR ! 7 tO: 2 7 ORDINANCE NO. ~ O~DIN~CE amending the Official Zoning Ma~-6'f'"~~y of Bremerton from "GB" to "SF-3" on the easter~ost 150 feet of a parcel fronting on the west side of Wheaton Way. (Barrie Rezone: RZ-09-90) WHEREAS, the City of Bremerton adopted a new Citywide Zoning Map in 1988 that included the easternmost 150 feet of the subject property in the "General Business (GB)" zone; and WHEREAS, James and Sheela Barrie, owners of the subject property, have submitted a request for a Rezone to place the entire parcel within the same "SF-3" zone; and WHEREAS, an environmental review in accordance with the State Environmental Policy Act was conducted and a Determination of Nonsignificance (DNS) was issued by the Responsible SEPA Official on November 6, 1990; and WHEREAS, the Bremerton Planning Commission conducted a public hearing on November 13, 1991, which was concluded on January 29, 1991, at which time it considered all written information and oral testimony before making a recommendation of approval to the City Council; and WHEREAS, the Bremerton City Council, following its public hearing on March 13, 1991, determined that an error had occurred in the 1988 zoning of the subject site and approved the requested rezone; now therefore I [t585 1187 THE CITY OF BREMERTON DOES HEREBY ORDAIN 9104170i ,g9 Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to rezone the easternmost 150 feet of the subject parcel from "General Business (GB)" to "Single-family Residential (SF-3)", as shown and further described in Exhibit "A", which is attached hereto and incorporated herein. Section 2. This decision was based on the Findings of Fact and Conclusions of Law which are attached hereto as Exhibit "B". Section 4. This Ordinance shall take effect ten days following passage and publication. APPROVED by the City Council on the first reading this // PASSED by t,~e Bremerton City Council this ~ day ¥",I~. ~ '~' ~ L'~IN ~OR?O~ City Council President APPROVED this-- LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk 9104170199 --- Exhibit "A" --- LEGAL DESCRIPTION: This Rezone from "GB" to "SF-3" pertains to the easternmost 150 feet of the property described as follows: SECTION 02 TOWNSHIP 24 RANGE 01 THE PTN OF NE 1/4 DESC FOR TAX PURP ONLY AS FOLS: N 1/2, S 1/2, SE 1/4, NE 1/4 CONVYD BY VOL 725/420 EXC PTN N OF PENCE LN PER SC NO 31479 EXC S/HWY 21-B. REZONE LOCATION MAP: Ho fr~ 91 0 4170 ~ q9 ~$~5~R1190 .'~indings: P. 1 --- Exhibit "B" --- · ~/]1I)~ OF FAC'F i%111) C~2~%~(IIN3SI(1~I$ OF LAW Brem~r t~ Plarn~4 ug BARRIE REZONE (RZ-09-90) APPLICATION: Request for a REZONE from "Single-family Residential (SF-3)" to "General Business (GB)" APPLICANT: James & Sheela Barrie P.O. Box 764 Bremerton, WA 98310 LOCATION: This REZONE request pertains to the Wheaton Way frontage portion of the Barrie property to a depth of 150 feet from the front property line, located at 3915 Wheaton Way in Bremerton. The site is on the west side of Wheaton Way and midway between Hanford Avenue and Broad Street, as shown on the map below. 9104170109 Findings: P. 2 BASED ON THE RECORD DEVELOPED AT THE PUBLIC HEARING CONDUCTED ON NOVEMBER 13, 1990 AND CONCLUDED ON JANUARY 29, 1991, THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS, CONCLUSIONS OF LAW AND DECISION: i~']]%II)~S OF FAC'r Legal Desc: Assessor's Acct. No: 022401-1-031-2006 (See Proposed Rezone Map) Barrie Prop: The applicant's property consists of 9.65 acres. It has remained undeveloped, with the exception of a single-family residence. The property's only street frontage is on Wheaton Way, a major arterial highway. Comp. Plan: The Bremerton Comprehensive Plan, adopted in 1986, designates the west side of the Wheaton Way frontage "COMMERCIAL". Zoninq: Prior to November, 1988, the Barrie property was zoned "R-I", low-density residential. All other properties fronting on the west side of Wheaton Way from Sylvan Way north to Riddell were zoned "B-3" (commercial). To implement the Comprehensive Plan, for zoning consistency, and to prevent a new residential development in close proximity to Wheaton Way, the eastern portion of the Barrie property was included in the "General Business (GB)" zoning district to a depth of 150 feet with adoption of the City's new Zoning Ordinance and Map in 1988. Rezone Area: The portion of the Barrie property that is the subject of this REZONE request includes the easternmost 150 feet of the property, as shown in the attached maps. The area is approximately 48,750 sq.ft., or about 1.1 acres in area. Surroundings: NORTH: Commercial development along Broad Street and to the north. All property within the City limits north of the Barrie property and west of Wheaton 9 ~ 04 ~ 70~ 09 Way is commercially zoned. EAST: Commercial businesses along the east side of Wheaton Way -- mostly auto-related, restaurants, and other highway-oriented uses. Findings: P. 3 SOUTH: Arby's fast food restaurant on the corner of Hanford and Wheaton Way. All other uses along Hanford are low-density residential. WEST: The remainder of the Barrie property is immediately west of the rezone area. A low- density residential subdivision lies beyond in an unincorporated area of the County. APPLICANTS REASONS FOR THE REQUEST: 1. City Bremerton Comprehensive Plan, adopted in 1986, drew an arbitrary line through the Barrie property, assigning a commercial designation to the Wheaton Way frontage. 2. The City added commercial zoning with adoption of the new Zoning Map in 1988, but without the concurrence or approval of the owners. The applicants feel that action was unnecessary and inappropriate. 3. The applicants claimed the commercial zoning resulted in a substantial increase in the assessed value of the property and their taxes. 4. The applicants claimed that the commercial zoning potentially affects their ability to continue to use and develop their property as residential property. 5. The applicants have no plans to develop the property for commercial uses and, therefore, desire to have the zoning reflect their actual intended and ongoing use of the property. COMMENTS RECEIVED: This proposal was routed for review and the following relevant comments were received: Paul Schmidt (letter): Mr. Schmidt feels that the highest and best use of this property is commercial, not residential, and he opposed the rezone. He feels that Bremerton needs more land with commercial development potential and stated "It is quite obvious that sooner or later this property will be sold for a commercial use. To downzone for the purpose of lowering taxes puts an unfair burden upon n~'~7~~ all other taxpayers who have to live with the changes in zoning city wide." [585 1193 Carol Belas, County Assessor: The Planning Commission's initial hearing on November 13, 1990 was continued to January so that staff could - Findings: Po4 request additional information about the property assessment process. The County Assessor was asked to respond to questions about how assessments are done and what effect zoning has on those determinations. Her letter of Nov. 19, 1990 is in the RZ-09-90 file. Ian Sievers, City Attorney: At the Planning Commission's request, the City Attorney responsed to the tax issue. He also reminded the Commission that zoning decisions must promote the public health, safety, morals or welfare and a decision that is based on the personal finances of the owner/applicant is the essence of "spot zoning" (This letter is in the file) Phillip D. Noble, Applicant's attorney: Mr. Noble submitted a follow-up letter, dated January 23, 1991, in which he cited various reasons why the City's 1988 zoning of the Barrie property was inappropriate and should be reversed. Those reasons include lack of adequate notice, it didn't meet the Rezone criteria of the Zoning Ordinance, a lack of compelling reasons for the commercial zoning, the "general" nature of the Comprehensive Plan in guding zoning decisions, and property tax effects on the owners of the property. (Letter in file) Mr. Noble also submitted exerpts from the 1976 "Clares Marsh Annexation" EIS and Draft Land Use and Zoning Plan, the Annexation Petition, and a letter to County Assessor Belas in which he disputes her interpretation of specific codes governing property assessment and taxation (letter attached - related documents in file). CRITERIA FOR REZONE APPROVAL: Bremerton Zoning Ordinance Chapter X, Section 5 includes the criteria for apDroval of Rezones. The Rezone may be approved by the City Council only if it meets all of the following criteria: 9104170109 1. The Rezone is substantively consistent with the Comprehensive Plan: ~[585~1194 The Plan Map designates the west frontage of Wheaton Way "Commercial", including a portion of the Barrie property. About 9/10 of the Barrie property is within a residential designation. Thus, the Rezone to SF-3 to avoid a split- zoning situation would not be inconsistent with the Plan Map. Findings: P.5 2. The Rezone is necessary because either: A. Conditions in the immediate vicinity have so markedly chanqed that a Rezone is required in the public interest: Most surrounding land uses were already in place and very little change has occurred in the two years since this property was zoned General Business. This is not a justification for this rezone. Bo The Rezone will correct a zone classification or zone boundary that was inappropriate when established: The applicant did not initiate or approve of the commercial zoning in 1988 and were not personally notified of the change. There was no plan or intent to develop or use the frontage portion of the property for commercial purposes. Although the ~ommercial zoning of this arterial frontage was clearly ~ntentional in 1988, the Planning Commission felt commercial zoning was applied prematurely without the consent of the property owner and that constituted an error. 3. The Rezone would not result in adverse environmental consequences: The SF-3 zoning could provide for up to ten single-family homesites within the area that is subject to this Rezone. It is likely that ten homes, with their required setbacks, lawns, yards, etc., would not be without adverse environmental consequences but would have a lesser long- range impact than would a strip commercial development. 9 041701 4. The Rezone bears a substantial relation to the public welfare because there is a public need for a chanqe of the kind in question; and that public need will be best served by this chanqe: ~[585~19~ There was no immediate need, based on health, safety, morals, general welfare or any other standard, for the property to be zoned GB in 1988. The current property owner had no plans for the commercial use or development of the property. The lack of a clear public need for this rezone in 1988 tends to support the idea that an error occurred. _ Findings: P.7 Based on the record developed, the Bremerton Planning Commission recommends City Council approval of Rezone Application RZ-09-90 for the Barrie property Wheaton Way frontage to a depth of 150 feet, from "General Business (GB)" to "Single-family Residential (SF-3)", based on the conclusion that the "GB" zoning was the result of an error in the adoption of the City's new Zoning Map in 1988. RAY NORTON, Chairman Date Bremerton Planning Commission ~'NALb L. PRATT Executive Secretary ~[[585~1197 91 04170109