HomeMy WebLinkAbout4380 ORDINANCE
AN ORDINANCE amending the Official Zoning Map of the City of Bremerton for
property located south of Sylvan Way and east of Pine Road. (Carlson Rezone)
WHEREAS, an application has been submitted to rezone 2.97 acres of real property, in
six lots, located south of Sylvan Way and east of Pine Road in the City of Bremerton; and
WHEREAS, the Bremerton Planning Commission conducted a public hearing on May 19,
1992, 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 June 24, 1992,
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-2)" to "Multiple-family Residential
(MF)", 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".
A~PpROVED by the City Council on the first reading this ~ ~ day of
,
~.,,.J~, ~ ,~,, '~, , 1992.
PASSED by the Bremerton City Council this i day of . ~,.t ~(. _, 1992.
TON, Council President
this
VI. OUIS MENTOR, Mayo
ATTEST:
KATHLEEN McCLUSKEY, Clerk
Published:,
Effective:
Exhibit "A"
CARLSON REZONE:
With passage and approval of this Ordinance, the Official Zoning Map of the City
of Bremerton is amended from 'Single-family Residential (SF-2)' to "Multiple-
family Residential (MF)" for the properties shown as shaded on the map below
and further described in Exhibit "B".
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LEGAL DESCRIPTION:
SECTION 02, TOWNSHIP 24, RANGE 1 EAST, MANE'FrE VILLA TRACTS.
TRACT 16, MANETTE VILLA TRACTS, ACCORDING TO PLAT RECORDED IN
VOLUME 4 OF PLATS, PAGE 95 RECORDS OF KITSAP COUNTY; EXCEPT THE
WEST 219 FEET; AND EXCEPT THE NORTH 10 FEET THEREOF.
E:XI'-I I la I T C:
FINDINGS OF FACT
and
CONCLUSIONS OF LAW
of the
BREMERTON PLANNING COMMISSION
CARLSON et al. REZONE
(RZ-05-92)
Prepared by: Ron w. Hough, Planning Manager
A. A_o_olicant: Don & Colleen Carlson
Frank F. Hutson
Michael K. Winger
Dennis & Joellen Johnston
c/o Don Carlson
467 N.W. Solnae Place
Bremerton, WA 98310
B. Location: South side of Sylvan Way, approximately 200 feet east of the
intersection of Pine Road and Sylvan Way, as illustrated on the
map below.
C. Land Use Inventory_:
1. A general land use inventory was conducted of the area surrounding the
subject property -- both north and south of Sylvan Way.
2. Properties along Sylvan Way are mostly developed with a mixture of residential
uses, ranging from single-family homes to apartments.
(a) The area directly across Sylvan to the north consists primarily of single-
family homes and duplexes, although that area has been planned and
zoned for higher-density residential development.
(b) Apartment complexes and multi-family zoning directly abut the
applicants' properties on the west and south sides.
(c) A single-family home on a large 1-acre lot and a large property that is
currently being used as a community garden are located east of the
subject area.
D. Current Site Conditions and Development:
1. The area being considered for Rezoning includes six Assessor's lots having a
total area of 129,242 square feet, or 2.97 acres. Two of the three smaller lots
fronting on Sylvan are owned by the applicants or by owners who agree with
the rezone request. The center lot is owned by the Alcorns. They have not
indicated that they agree, but their property was included to prevent the
possible creation of an "SF-2" spot zoning situation within an 'MF" zone,
should this Rezone be approved.
2. The three smaller lots include a single-family dwelling on each. Driveways lead
directly onto Sylvan Way.
3. The property is relatively flat or gently sloping and contains no major features
that might prevent its development.
4. The environmental review disclosed no existing streams or other natural
features in the general area that might be adversely affected by the rezone.
E. Access and Circuletion:
1. The subject area fronts on the south side of Sylvan Way.
2. This section of Sylvan Way does not have curbs, gutters, sidewalks or other
street improvements other than a paved surface approximately 28 feet in width.
Although it has a right-of-way of sixty feet, the street is considered to be
substandard by current City street standards.
3. Sylvan Way is used as an arterial street intended to carry large volumes of
traffic between Pine Road and Wheaton Way. It is the only east-west arterial
between Riddell Road to the north and Sheridan Road to the south.
4. The latest traffic count on this portion of Sylvan Way was conducted in 1984.
The count was 3,672 vehicles per day, a very light amount of traffic for an
arterial street. The street is actually functioning more as a "collector" street for
the surrounding neighborhoods.
5. The current condition of Sylvan Way, according to City Engineering
Department records, is "fair".
F. Current Com0rehensive Plan Designations:
1. The Bremerton Comprehensive Plan clearly designates areas along the east
side of Pine Road south of Sylvan Way "RESIDENTIAL, 0-7 DU/Ac.". The
designation extends eastward to meet the "PUBLIC/QUASI-PUBLIC"
designation where the community gardens and elementary school are located.
2. The density allowed by the Comprehensive Plan in this area is 0-7 DU/Ac.
The density allowed by the requested 'MF' zoning is approximately 21 DU/Ac.
G. Current and Pro_oosed Zoning Analysis:
1. The subject area is currently zoned "Single-family Residential (SF-2)". This
zone allows single-family structures on lots of 9,600 sq.ft, or larger. It also
allows:
· Zero-lot-line development (with PUD)
· Manufactured homes
Boarding/rooming houses (SUP)
· Day care facilities (SUP)
· Group residential facilities (SUP)
· Bed & breakfast establishments (SUP)
· Private recreational facilities and clubs (SUP)
· Public parks, playgrounds and athletic fields (SUP)
· Private schools (SUP)
· Churches
· Libraries
· Clubhouse, community center, frat. lodge
Police and fire facilities
· Home occupations
2. The current zoning allows one dwelling per 9,600 square feet of lot area. In
their existing lot configurations, the six lots within this Rezone area could
accommodate 12 single-family dwellings (3 currently exist). The maximum
number of homes that could be approved, without a PUD, if the lots were
consolidated, or lot line adjustments were made, is 13.
I
Lot A: 14,627 sq. ft.
Lot B: 14,728 sq. ft.
LotC: 14,710 sq. ft. A ~ C~
Lot D: 17,588 sq. ft.
Lot E: 17,590 sq. ft.
Lot F: 49,998 sq. ft.
TOTAL: 129,242 sq. ,. D ~ F
2.97 ac.
3. The applicant has requested a rezone to "Multiple-family Residential (MF)".
No specific design for the future development of the property is available at the
present time.
4. Residential density is the primary advantage of multiple-family zoning over
single-family zoning. While the $F-2 zone allows a density of about 4 DU/Ac.,
the MF zone allows about 21 DU/Ac. and possibly slightly greater density
through the PUD process in exchange for additional open space.
5. The Rezone, if approved, could result in any of the following scenarios:
(a) If the total Rezone area could be cleared and all lots consolidated, the
site could accommodate 63 multi-family dwelling units.
(b) If the three already developed lots remained unchanged, the remaining
undeveloped lots, if consolidated into a single 85,176 sq.ft, lot, could
accommodate 41 multi-family units.
(c) If the three undeveloped lots remained in their present configurations
with no consolidation or lot line adjustments, they could accommodate
a total of 40 multi-family units.
It should be pointed out that the above examples are based on the basic
density allowances of the 'MF" zone (2,053 sq.ft, of land area per unit), and do
not take into consideration any design features or requirements (off-street
parking, landscaping, setbacks, etc.) that might further reduce the number of
units that might be feasible.
6. The land uses allowed in the "MF" zone are very similar to those of the SF-2
zone, with the following additions:
· Duplex
· Multiple-family structures (apartments, condo, etc.)
· Day Care Center
· Convalescent/Rest Home (SUP)
· Gymnasium & Athletic Club (SUP)
· Professional or Admin. Offices (SUP)
7. The City's Zoning Ordinance requires off-street parking, setbacks, landscaping,
and other development features that are intended to screen or buffer the more
intense land uses from adjacent residential areas.
8. 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.
H. Rezone Criterl{~:
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 clearly located within an area that is currently designated on
the Comprehensive Plan Map as "RESIDENTIAL, 0-7 DU/Ac". Although the
site is surrounded on three sides by "MF" zoning, as well as by already
developed multi-family developments, the Rezone request is in conflict with the
Comprehensive Plan designation. After reviewing the existing land uses in the
vicinity and the existing multi-family residential zoning, the Planning
Commission concluded that the Iow-density Comprehensive Plan designation
is probably in error and will be reviewed and corrected during the City's growth
management Comprehensive Planning process. And, although it appears that
areas south of Sylvan Way are designated Iow-density, the Plan Map is
intentionally "general" in its application and the subject site is on the fringe of
that higher-density area. Thus, it was the Planning Commission's
determination that this proposal is "substantively consistent" with the 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.
YES: This criterion can be met through the following justification:
(a) Development in the surrounding area has enclosed the applicants'
properties in an "island" of Iow-density zoning amid high-density
development. The situation makes it undesirable to build new single-
family homes at this location, but more desirable to build higher-density
developments that might be compact and clustered, consistent with
other Comprehensive Plan policies and good planning practice.
(b) The SF-2 residential zoning was felt to be appropriate when the City's
new Zoning Map was adopted in 1988. However, as the City changes,
so does the need for related zoning adjustments. Today, the SF-2
zoning is felt to be inappropriate at this location.
(c) This rezone does not involve an overlay zone.
3. The Rezone would not result in adverse environmental consequences.
YES: The proposed Rezone meets this criterion: An environmental SEP^
checklist was submitted and reviewed by the City. No significant adverse
impacts were anticipated as a result of this rezone and a Determination of
Nonsignificance (DNS) was issued on May 4, 1992.
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:
YES: The public need may be the provision of additional housing within the
City of Bremerton, at a location that can provide the necessary utilities and
services, and at densities higher than should be permitted outside an urban
area. The objective of placing properties in their most appropriate zoning
categories is always in the public interest and will minimize land use conflicts.
In the case of this particular area, there appears to be a considerably greater
interest in the development of the area for multi-family uses than for less
efficient single-family homes on large lots and, therefore, the proposed change
will better serve the overall land use needs of the community.
5. Essential public facilities and services are presently available and
adequate, or can be made available:
YES: Sewer, water, storm drains, electricity, natural gas, and all other utilities
and urban services that might be necessary for multi-family development are
currently available to the site or within a short distance.
NO: Sylvan Way is substandard, has no curbs, gutters, or sidewalks, and a
pavement width of 28 feet. The condition of the street is 'fair'. The
intersection of Sylvan Way and Pine Road is often cited by neighbors as being
dangerous and possibly in need of improvements. It could be argued that
Sylvan Way is not adequate for new development that may add significant
amounts of traffic, and that a traffic study or new circulation plan should be
done for this area before we allow any additional multiple-family development,
or perhaps any development that may intensify the traffic situation.
CONCLUSIONS
1. This requested rezone clearly satisfies three of the five applicable rezone
criteria for approval of a Rezone. A fourth (adequacy of utilities and services)
appears to be deficient only in public streets but all other utilities and services
are, or can be, available. The fifth is consistency with the Comprehensive Plan
Map which, in the opinion of the Planning Commission is probably in error in
the Sylvan Way/Pine Road area and in need of update. Even so, the
Commission felt the proposal was consistent with the "general" application of
the Plan's high-density designation.
2. There is adequate public need for additional housing at higher densities to
justify the "public need" criterion, and there have been changes in the
surrounding vicinity that tend to justify this request.
3. Potential environmental or neighborhood impacts are not expected to be
significant at this location and provisions of the Zoning Ordinance were
designed to address landscaping and buffering of new development to ensure
that it will be a compatible neighbor. The Site Plan Review process addresses
those issues directly and additional "review-related" conditions of approval are
not recommended.
4. Considering the amount and types of surrounding development, it is the
Planning Commission's conclusion that the City's Comprehensive Plan Map is
in need of review and revision in the vicinity of the applicants' properties and
along the Pine Road corridor. Although the Rezone request conflicts with the
Plan Map, it appeared to be more reasonable than the current Plan
designation. (Because of the apparent conflict, a recommendation for approval
was not made by staff.)
RECOMMENDATION
Following its public hearing on May 19, 1992, the Bremerton Planning Commission
found that this rezone request adequately met all rezone criteria, with the exception of
consistency with the Comprehensive Plan Map, which the Commission felt may be in
error and in need of review and revision. The Commission voted 6-1 to recommend
City Council APPROVAL of the Carlson Rezone, from 'SF-2" to 'MF", and also
suggested that the City update its traffic counts on Sylvan Way.
VIRGINIA McBRIDE, Vice-Chair Date
Bremerton Planning Commission
DONALD L PRATT, Secretary
COMPREHENSIVE PI AN DESIGNATION
The property subject to this Rezone is within an area that is designated on the
Comprehensive Plan as "SINGLE-FAMILY RESIDENTIAL, 0-7 DU/Ac."
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CURRENT ZONING
PLANNING COMMISSION MINUTES
May 19, 1992
Members Present: Vice-chair Virginia McBride and Commissioners Russ Nickerson,
Dan Milovich, Robin Abille, Ma~lee Welling, Bob Koch, and
Richard Goe~e.
Members Excused: Chairwoman Ma~ Fields
~aff Present: Don PraE, DCD Dire~or
Ron Hough, Planning Manager
Jack Allingham, Senior Planner
Shane Jensen, Land Use Planner
Debbie Williams, Secreta~
B. Carlson~Hu t s on~Win~er Johnston
R_e~p_.e__. ~j ~ P~per~3 from "S i n g_~L~_m_i_]3- t w o" to
"Multi-family"
South of Sylvan Way and east of Pine Road.
Commission Conflict of Interest/Appearance of Fairness: None.
t_b.~
Public: None.
Staff Presentation:
Ron Hough, Planning Manager presented the staff report and
displayed maps showing the location of the requested rezone.
It is currently zoned "Single-family-two" which is low
density, and is surrounded on three sides by "Multiple-family
(MF)". Mr. Hough described the surrounding land uses. There
may be a conflict with the Comprehensive Plan for this area as
the Plan shows Medium Residential to the north side of Sylvan
Way, and low-density to the south. Mr. Hough said staff's
recommendation is to put it on hold until a Comprehensive Plan
Amendment is processed. However, a second model motion is
also proposed to allow this rezone to proceed on the basis
that there is a probable Comprehensive Plan error, considering
the large amount of "MF" zoning and multi-family development
that already exists in the area. Since we are working on a
new Comp. Plan, this would not be a good time to study the
entire Pine Road corridor for a separate Plan Amendment. Mr.
Hough proceeded to mhow ~lideN of the
Mr. Hp~.~h. read letter into the record received from Mr. and
Mrs. Andreasen, 671 Sylvan Way, in favor of this rezone.
Applicant's Presentation:
Don Carlson, 467 N.W. So~n~e Place~ Bremerton ~ald thi~ is an
ideal place for multi-family housing and beneficial for young
families just getting started.
Planning Commission Minutes - Continued
Commissioner McBride called for speakers in favor of this
a_p~lication:
Jo Ellen Johnstop., one of the ~p~licants, owned her portion of
the rezone area for the past seventeen years and sold it one
month ago to Mr. and Mrs. Andreasen, who submitted the letter
supporting the rezone application. They also own a piece of
property directly below the property and are in the process of
selling to Mr. Carlson. Mrs. Johnston said the trend in the
area seems to be toward "multiple-family".
Vice-chair McBride called for speakers in.. opposition to this
applica.tion:
Gene Alcorn, 675 Sylvan Way said the area is surrounded by
nice single-family residential homes and it doesn't seem right
that everything be zoned "multi-family" Mr. Alcorn is
concerned that Sylvan Way is a very busy street and there are
no sidewalks at the present time.
Commissioner Goetze asked staff about continuing the duplex
trend along Sylvan Way as low density as proposed in the
Comprehensive Plan. Mr. Houq_~_h said that the "duplex" zone is
basically the same density as the "single-family-three" zone
which allows one unit for every 4,B00 ~quare feet of lot area,
and 9,600 ~quare feet is needed for a duplex. There is no
density advantage to the Duplex Residential zone.
M/S/C (Nickerson/Welling) (Disapproved: Goetze) BE IT
RESOLVED, the Bremerton Planning Commission, after considering
oral and written comments and information provided in the
staff report, finds that the Rezone request adequately meets
all rezone criteria, with the exception of consistency with
the Comprehensive Plan, which the Commission feels may be in
error and in need of review and revision, and hereby
recommends City Council APPROVAL of the Carlson Rezone, from
"SF-~" to "MF", nnd ~lmo ~ new traffic ~tudy (count) be m~de.
M~, Hp3~h informed the Commission that this recommendation will be
forwarded to City Council at a later date.
STAFF REPORT
CARLSON REZONE
Overview:
The owners of five lots located on the south side of Sylvan Way and east of Pine
Road, have requested a REZONE of a 2.97 acre area from 'SF-2" to 'MF'. Three of
the lots have single-family homes --- the others are vacant.
The area being considered for this rezone is bounded on the north, west and south by
"Multi-family (MF)' zoning, and on the east by 'Parks & Schools (PS)" zoning. The
applicants feel that this small area is more suitable for in-fill multi-family than for single-
family home development.
The Rezone Process:
A Neighborhood Meeting was conducted by City staff at the Sheridan Community
Center on May 14, 1992, to explain the request and the rezone process and to answer
questions.
All rezones require a recommendation from the Planning Commission, which
conducted its public hearing on May 19, 1992, and forwarded a recommendation to
the City Council along with its Findings and Conclusions.
Final action on a Rezone is taken by the City Council following its public hearing,
which has been scheduled for June 24, 1992. If approved, the Council will pass an
ordinance amending the Official Zoning Map.
Recommendation:
APPROVAL..
The Planning Commission recommends approval of the Carlson Rezone. Its
recommendation is supported by the attached Findings and Conclusions, which
include information about the site and its surroundings, and also contain the criteria
for approval of a rezone. These are offered as the basis for passage of the attached
Ordinance and would become Exhibit "C' of that Ordinance.
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