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HomeMy WebLinkAbout4378 ORDINANCE NO. AN ORDINANCE amending the Olflclel Zoning Map of the City of Bremerton for property located southwest of the intersection of Rainier Avenue and Seventh Street. (Mitchell Rezone) WHEREAS, an applicetion wes submitted requesting the addition of the "Limited Perking Overlay (LPO)" zone to the existing "Duplex Residential (DR)" zone on five lots of real property located immediately west of the intersection of Rainer Avenue and Seventh Street in the City of Bremerton; and WHEREAS, the Bremerton Planning Commission conducted a public hearing on March 31, 1992, to accept public comments and to consider this request, following which an impass wes encountered and no rocommendetlon wes forwarded to the City Council; and WHEREAS, the Bremerton City Council conducted a pUblic hearing on June 3, 1992, to accept additional comments and to consider the staff recommendation; now therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. Rezone: The Official Zoning Map of the City of Bremerton is hereby amended to rezone Lots 14 and 15 to apply the "Limited Parking Overlay (LPO)" zone to the existing "Duplex Residential (DR)' zone, as shown on Exhibit "A" and further described in Exhibit "B", which are attached hereto and Incorporated herein. Section 2. Site Plen Approval: This ordinance is subject to applicant's acceptance of a Binding Site Plan for the subject property in lieu of a Special Use Permit, which contains the following conditions: A. The approved parking lot is to be developed to the minimum standards for Class "A' parking lots, as specified in Chapter VII of the Bremerton Zoning Ordinance. B. A solid view-obstructing wood or masonry fence or wall at least five feet in height (adjusted to meet front setback requirement) be installed to separate the parking lot from tho remainder of the vacant residential lot to the north. C. The applicant is encouraged to modify the parking space configuration illustrated in Exhibit "A" to achieve a more functional design within Lots 14 and 15 and to eliminate the ingress or egress through the alley. D. This accessory parking lot is to provide for the off-street parking needs of Lots 16 through 20, of Veltens AK First Addition, Section 14, Township 24, Range 1 East, Block 001, and shall be used only for that purpose; provided, however, there is no requirement that this parking lot continue indefinitely and the owners of Lots 14 and 15 retain all development options available in the underlying "Duplex Residential (DR)" zone for possible future residential development. Section 3. This decision is based on the Findings of Fact and Conclusions of Law, attached hereto and incorporated herein as Exhibit 'C". APPROVED by the City Council on the first reading this / day of '._~, ~,-,~ .~_, , 1992. PASSED by the Bremerton City Council this ~- day of ~,--~,~b,~,,~.~. .1992. ! ~O~R'TO~N, C~ouncil President L~UI"S MENT--~R,'~Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk Exhibit "A" MITCHELL REZONE To add the "LPO" overlay zone to the existing "DR" zone. This ordinance amends the Official Zoning Map of the City of Bremerton to apply the "Limited Parking Overlay (LPO)" zone to lots 14 and 15, as shown as shaded on the ~.ot 11 map to the right. The actual parking space _ configuration ~s limited to ten spaces along the south side of Lot 15, but may be Lot: adjusted to achieve the most desirable or SEVENT efficient design. Lot. u 14 & 15 (DR & LI_'O) SIXTH ,' Exhibit "B" LEGAL DESCRIPTION ASSESSOR'S ACCOUNT NO: 3810-001-011-0009 (Portion of) SECTION 14, TOWNSHIP24, RANGE 1 EAST, BLOCK001, LOTS 14AND 15, VELTENS AK FIRST ADDITION, RECORDED IN THE RECORDS OF KITSAP COUNTY, WASHINGTON. Exhibit "C" FINDINGS OF FACT and CONCLUSIONS OF LAW of the BREMERTON CITY COUNCIL MITCHELL REZONE (RZ-01-92) FINDINGS A. A_oolicant: FBK VENTURES. INC. P.O. Box 3296 Silverdale, WA 98383 B. Location: Two contiguous 3,000 square foot lots, located along the west side of Rainier Avenue, 150 feet north of Sixth Street, and at the intersection of Rainier and Seventh Street. This parcel is under the same ownership as, and adjacent to, Olympic Plaza, a small commercial complex at the corner of Sixth and Rainier. C. Request: The applicant requested that the City's "Limited Parking Overlay (LPO)' zoning district be applied over the present "Duplex Residential (DR)" zone for the purpose of allowing an accessory parking lot for Olympic Plaza tenants. LOCATION MAP: D. Land Use Inventory: 1. A general land use inventory was conducted of the area surrounding the site. 2. Sixth Street is a major arterial, characterized by strip commercial businesses and high volumes of traffic. 3. Rainier Avenue functions as a collector street, collecting residential traffic from Seventh, Eighth, Ninth, etc., and directing it to Sixth Street to the south and Eleventh Street to the north. Rainier itself should be viewed as a residential street. 4. Although there are some duplex structures along Rainier Avenue, the neighborhood consists primarily of single-family dwellings and appears to be stable and well-maintained. 5. Areas to the west of the subject property are oriented toward the Callow Business District and are not considered a part of this neighborhood. Properties along Montgomery Avenue immediately north of Sixth Street have a greater mixture of residential and commercial. The First Interstate Bank is located at the corner of Sixth and Montgomery, immediately west of Olympic Plaza. 6. An alley connects Sixth Street with Ninth Street and passes along the west edge of Olympic Plaza and the subject site. The alley has a right-of-way width of 14 ft. and is signed as part of a bike route. The alley's intersection with Sixth Street to the south has limited visibility due to the lack of a building setback. E. Site Conditions and Development: 1. The area subject to this rezone consists of two 30 x 100 ft. lots, both of which are currently vacant and have been combined with three other adjacent vacant lots by the County Assessor into a single tax account. 2. The two lots have 60 ft. of frontage on Rainier Avenue and that frontage includes curbs, gutters, sidewalks and a curb cut for vehicular access. 3. The lots have been vacant for a number of years and have been used informally as overflow parking for employees of businesses in Olympic Plaza which has a parking deficiency. 4. Olympic Plaza consists of approximately 8,000 sq.ft, of gross floor area. Most types of general and professional offices and small retail spaces require one off-street parking space for each 300 sq.ft, of gross floor area. Based on this, the minimum number of spaces should be 27. It currently has about 16 spaces, leaving a deficiency of 11. During periods of high demand, the overflow has been going into the vacant lot behind the building. If that lot is not used, at least partially, for parking, the overflow will go onto the public streets or into other nearby private parking lots. 5. The owner of this property requested that the subject property be included in the "General Business" zoning in 1988, prior to adoption of the City's new Zoning Ordinance. Following adoption of that Ordinance, the owner requested a review to determine whether or not an error had occurred. It was determined that an error had not occurred and the proper zoning was "DR'. He was advised to pursue commercial zoning "through the normal rezone process." 8. The owners recently cleaned the property, erected a wire fence, posted no parking signs, and graveled the lot to reduce weed growth. Those improvements brought the situation to the City's attention and resulted in a rezone application to make parking legal on this lot. Based on the history of failed attempts to include the property in the "GB" zone, staff advised the applicant to apply for the "LPO" overlay which would have the least potential impact on the surrounding neighborhood. F. ComPrehensive Plan Designations: 1. The Comprehensive Plan Map, which is intentionally "general" in nature, indicates that the future of the Callow/Montgomery corridor is "commercial", as is the Sixth Street corridor in the general vicinity of this rezone. Properties oriented in those directions should receive favorable consideration for commercial rezones. 2. The Comprehensive Plan shows the interior neighborhoods, away from the arterial streets, to be designated medium-density residential. 3. The subject property is not clearly designated "residential" nor 'commercial" but is considered a transitional property that should be compatible with both. G. Current and Pro.Dosed Zoning: 1. The Olympic Plaza business complex is zoned "General Business (GB)". 2. The subject vacant lots are zoned 'Duplex Residential (DR)". 3. The residential neighborhood on the east side of Rainier Avenue is zoned "Central Bremerton Residential (CBR)" south of Eighth and "Single-family Residential (SF-3)" north of Eighth. 4. The requested "Umited Parking Overlay (LPO)" is an "overlay' zone to allow parking within the existing residential zoning. The applicant wishes to provide additional parking voluntarily and he will not lose his existing development rights of the underlying DR zoning if this overlay zone is approved. H. Rezone Criteri{~: 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 Com_orehensive Pl{~n YES: Olympic Plaza, a commercial development, is clearly within the Sixth Street corridor, which is designated on the Comprehensive Plan as "COMMERCIAL". The "use" is established and is consistent with the Plan. The proposal would provide some additional accessory parking for the business uses immediately adjacent to Olympic Plaza to alleviate an existing parking deficiency. The provision of an adequate amount of parking for local businesses is consistent with the Plan and its implementing regulations. It is appropriate to provide enough additional parking to serve the needs of Olympic Plaza, since the impacts will increase in proportion to the size of the parking lot and number of cars using it. Depending on the design, lots 14 and 15 could provide a maximum of 20 spaces. 2. The Rezone is necessary_ because of (a} markedly chanaed conditi;ns in the immediate vicinity_ that re~_uire a rezone in the Dublic Interest: (b) ~ need to correct an ina_D_oroDrlate zoning classification or boundary_: or (c) a need to _olace or remove an overlay zone. YES: Olympic Plaza was constructed under the City's previous off-street parking requirements and, consequently, now has a parking deficiency. This is a relatively small complex of stores and offices but the design offers considerable flexibility for a wide variety of business types that may require the arterial street location. Adjacent streets are used for parking. However, Sixth has no on-street parking and parking was removed from a portion of Rainier for fire zone reasons. The necessity for the rezone is the need to provide adequate (and legal) off- street parking for the employees and customers of Olympic Plaza and thereby remove the parking deficiency that currently exists. 3. The Rezone would not result in adverse environmental consec!_uences. YES: An Environmental (SEPA) Checklist was submitted with the rezone application and reviewed for any adverse environmental impacts. The property and area have been developed and used for urban purposes for decades and there is no remaining "natural environment". The review concluded with a Determination of Nonsignificance (DN$), issued on February 24, 1992. 4. The Rezone bears a substantial relation to the Dublic Interest or welf'dr~ because there is a _Public need for a chanQe of this kind and the _Public need will be best served by this rezone: YES: Bremerton currently has a very Iow residential vacancy rate and is in need of additional housing, particularly in the lower-cost "affordable" ranges. This site, when combined with the three vacant lots to the north, can accommodate a single-family dwelling and a duplex under the current "DR" zoning. Since the lots are on the periphery of a residential neighborhood and oriented inward toward that neighborhood, the preferred use would be residential. It is also in the public interest to provide adequate parking for commercial businesses and to discourage business-related parking along residential streets. Since this property has been zoned for duplex and multi-family development for many years but development has not occurred, it appears that the most immediate pressure is not for additional housing but for additional parking. It is possible to allow some additional accessory parking for Olympic Plaza while also keeping the remaining three lots available for residential development. The approved configuration will result in a small accessory parking lot and a separate 9,000 sq.ft. 'DR" lot that would remain vacant and available for the development of a single-family dwelling or duplex. 5. Essential public facilities and services are _presently available and adeu_uate, or can be made available: YES: The primary advantage of this site is the availability of all urban utilities and services, although most are not needed for a parking lot. Any utilities that may be substandard can be brought up to standard by the developer at the time of development. The City's Engineering Department will review the final plan and require any storm run-off or detention facilities, paving, and any other improvements that may be necessary. I. Planning Commission Review: A public hearing was conducted by the Planning Commission on March 31, 1992. The Commission was split between the parking needs of the applicant and the desires of the neighborhood residents. Two motions were made and each resulted in a 3-3 tie vote. No recommendation was forwarded to the City Council. CONCLUSIONS 1. This rezone satisfies all five applicable rezone criteria of the Bremerton Zoning Ordinance. 2. The location is convenient for an accessory parking facility because it is adjacent to Olympic Plaza and has easy access to a major arterial street. 3. Concerns and opposition to this rezone were expressed by area residents who fear the encroachment of a commercial use into their neighborhood. Parking lots do generate traffic and many of the lots that currently exist are not paved or otherwise improved to City standards with adequate landscaping, lighting, sidewalks, etc. However, the location, separation, and design requirements for the proposed lot will minimize any adverse aesthetic or other impacts. 4. It is possible to satisfy two different needs by (1) allowing the development of a small accessory parking lot adjacent to Olympic Plaza while (2) keeping the remaining 9,000 sq.ft, vacant property to the north in its present 'DR" zoning and available for residential development. 5. The accessory parking area, if used primarily for employee parking, would have very little turn-over during the day and very little impact on the neighborhood. The existing parking lot in front of the building would be used primarily for higher turn-over customer/client parking. 6. A plan was originally proposed to minimize traffic impacts by creating a one- way flow through the parking lot with traffic using the alley for ingress or egress. However, it was determined that use of the alley should be discouraged because of its lack of visibility at Sixth Street and because it would not be desirable to burden the residential neighbors along the alley with additional commercial traffic. 7. The application of the parking overlay zone to provide additional needed accessory parking for an existing commercial complex is reasonable and justified. The most likely alternative would be the extension of the "GB" zone, which would bring with it all the uses allowed in that zone and a greater potential for adverse neighborhood impacts. DECISION Following its public hearing on June 3, 1992, the Bremerton City Council approved the application of the "Limited Parking Overlay" zone to lots 14 and 15 to allow the development of an accessory parking lot having a maximum of ten spaces placed along the south side of Lot 15, with the following conditions: 1. Parking lot to be developed to minimum City standards for a Class "A" lot. 2. A solid view-obstructing fence Is to bo Installed along the north side. 3. Applicant to finalize a design that will eliminate the need for alley access. 4. This lot Is approved only for the off-street parking needs of Olympic Plaza. 5, There Is no requirement that this property be used Indefinitely for parking and the owner reserves all development options available under the "DR" zoning. RTON, President Date Bremerton City Council Attest: KATHLEEN McCLUSKEY, City Clerk