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HomeMy WebLinkAbout4381 ORDINANCE NO. AN ORDINANCE amending the Official Zoning Map of the City of Bremerton for property located north of Pearl Street and west of Wheaton Way. (Setterlund Rezone) WHEREAS, an application has been submitted to rezone 0.31 acres (13,600 sq. ft.) of real property, in one lot, located north of Pearl Street and west of Wheaton Way 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 July 1, 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 "Duplex Residential (DR)' to 'General Business (GB)", 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'7 day of ,~,/~ ~-~/ , 1992. LYNN HoRToN, Council President APPROVED this c~ ~-~ day of ,'-~ ~ , 1992. LOU~ ~IE~I~¥0-"R,'Ma ir ATTEST: KATHLEEN McCLUSKEY, Cldf'k Published: Effective: Exhibit "A" SEI'TERLUND REZONE: With passage and approval of this Ordinance, the Official Zoning Map os the City of Bremerton is amended from "Duplex Residential (DR)" to "General Business (GB)" for the property shown as indicated by the arrow and cross-hatching on the map below and further described in Exhibit "B'. " ' ~ ~oo -~5 ! ~'z~ ~:;j~ I "~ I ~) '~-)- ,/ ,/ II ./ .' 3982 - - 000,,, , :.. ~.~ , . I I~ ~ '_ ~,._ ~x.~."~" '. - LEGAL DESCRIPITION: SE 1/4 OF SECTION 02, TOWNSHIP 24 NORTH, RANGE 01 EAST, W. M. LOT 4, WALTENBURG ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 43, RECORDS OF KITSAP COUNTY, WASHINGTON. Exhibi"t 'C,~ FINDINGS OF FACT and LAW of the BREMERTON PLANNING COMMISSION S~-~ i~-RLUND RF?ONE (RZ-04-92) Prepared by;. Ron W. Hough, Planning Maca~er A. Applicant: Larry & Judy Setterlund 5356 Pine Ridge Drive NE Bremerton, WA 98310 B. Location: A single vacant lot, located on the north side of Pearl Street, approximately 300 feet west of Wheaton Way. This lot is adjacent and to the west of another property owned by the applicants and which is the site of L&R Automotive, a commercial service business. __ _ ~ ..... -I t- , ~F-"I ~f'-I C. Land Use Inventory_: 1. A general land use inventory was conducted of the area surrounding the subject property -- both north and south of Pearl Street. 2. Properties along Wheaton Way are mostly developed with commercial uses. (a) A small shopping center exists immediately north of the property. The center includes a Denny's Restaurant and a parking lot along the property line shared by the Setterlund's lot. (b) L & R Automotive, an auto repair business, is located on the lot to the east. There is no screening or buffering between this business and the residential zone to the west. (c) Another shopping center is located across Pearl Street to the south. The large buildings of the center face inward, with their backs to Pearl Street. The Setterlund's lot is located immediately across Pearl from an entrance driveway into the shopping center. Views to the south from the lot are of the backs of the buildings, parking areas, and an open partially fenced outdoor storage area for the Ernst store. 3. The residential area along this portion of Pearl Street consists of a mixture of residential types, ranging from older single-family homes and duplexes to a large apartment complex. Some homes in the immediate vicinity of the subject property and directly across the street from the shopping center show deterioration and poor maintenance. Others farther west are generally better maintained. D. Current Site Condition and Develooment: 1. The area subject to this rezone consists of a single vacant lot having a total area of 13,600 square feet and 100 feet of frontage on Pearl Street. 2. The property is relatively flat, has been cleared of most vegetation, and appears to be used for parking. E. Access and Circulation: 1. The subject lot fronts on the north side of Pearl Street. 2. This section of Pearl Street does not have curbs, gutters, sidewalks or other street improvements other than a paved surface approximately 32 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. Pearl Street is used as a connector street between Wheaton Way and Pine Road. It is the only east-west through street between the arterials of Riddell Road to the north and Sylvan to the south. During peak traffic hours, it can be a convenient bypass street. In such situations, the neighborhood is affected to some degree by a higher-than-usual amount of non-residential through traffic. The worst effects may be at the west end where the right-of-way narrows to 40 feet and the pavement width is approximately 23 feet. 4. The latest traffic count on Pearl Street was conducted in 1985. The count was 1,420 vehicles per day, a very light amount of traffic for a typical City residential street. 5. The current condition of Pearl Street, according to City Engineering Department records, is 'poor'. E. Current Comprehensive Plan Desi,qnations: 1. The Bremerton Comprehensive Plan clearly designates areas along both sides of Wheaton Way 'COMMERCIAL'. The depth of the designation is greater on the south side of Pearl Street where the Ernst Shopping Center is located. 2. The subject property is on the fringe of the commercial area and the edge of a medium-density residential area. (The Comprehensive Plan is intentionally general and not site-specific.) F. Current 0nd Pro_~osed Zonina_: 1. The Setterlund lot is currently zoned "Duplex Residential (DR)". This zone allows single-family and duplex structures. It also allows: Zero-lot-line development · Manufactured homes · Boarding/rooming houses (SUP) · Day care facilities · 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 occupation businesses 2. The current zoning allows one dwelling per 4,800 square feet of lot area. This lot could accommodate three dwelling units -- either three single-family homes, or a duplex and one home. 3. The applicant has requested a rezone to "General Business (GB)". No specific future use of the property is planned at the present time, but the applicants would like the adjacent lot to be commercially zoned because they feel it is more suitable for the future growth of their business or for another future commercial use than for residential development. 4. Among the many uses allowed outright in the "General Business (GB)" zone, and small enough for possible siting on this lot, are: · Day Care Center · Cafe or restaurant · Delicatessen · Small grocery or bakery Drinking place · Small pool hall · Private school, church or library · Small clubhouse or social service facility · Welfare service business · Medical services and clinics · Medical laboratory · Veterinarian or animal hospital · Small laundry or dry cleaning · Photo shop · Beauty or barber shop · Tanning salon or other personal services · Weight control/aerobics · Car and truck rental lot · Liquor store · Most types of small retail stores · Auto repair and car wash · Commercial parking lot · Small engine and other repair services · Professional, general and admin, offices · Elec., plumbing, and other building supplies · Printing and publishing A number of other commercial uses may be allowed by Special Use Permit (SUP). 5. 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 commercial land uses from adjacent residential areas. 6. 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. G. 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 immediate vicinity of the medium-density residential and commercial Comprehensive Plan designations. The request is for "GB' zoning. The applicants stated in their Rezone application that the property is nearly surrounded by commercial development. It is linked to the business district through ownership, location, and potential future use. The basis for the request is consistent with commercial land use goals and policies of the Comprehensive Plan that pertain to the provision of adequate sites for new commercial development. This proposal is 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. (a) The development of the shopping center directly across Pearl Street from this property appears to have had an adverse impact on the physical condition and maintenance of dwellings in the immediate vicinity. The view from the north side of Pearl Street is of the back of a wide blank commercial building, the shopping center parking lots, and an outdoor lawn & garden materials storage area (flower pots, peat moss, etc.). The center was built under the City's previous zoning ordinance and prior to landscaping requirements that would have helped to buffer and beautify its street side. This is no longer an attractive or desirable location for new residential development of any kind. The residential deterioration is expected to continue and the present conditions help justify this rezone. (b) Prior to development of the shopping center, the residential zoning was probably appropriate. However, as the City changes, so does the need for related zoning adjustments. Today, the residential zoning appears inappropriate at this location. (c) This rezone does not involve an overlay zone. 3. The Rezone would not result in adverse environmental consequences. An environmental SEPA 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: The objective of placing properties in their most appropriate zoning categories is in the public interest and will minimize land use conflicts. It will also help provide for a balance of development opportunities. In the case of this particular lot, there appears to be a considerably greater potential for the development of the lot for a commercial use than for a residential use 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: Sewer, water, electricity, natural gas, and all other utilities and urban services that might be necessary for most types of commercial development are currently available to the site. Pearl Street is currently substandard, has no curbs, gutters, or sidewalks, and narrows to a ROW width of only 40 feet near Pine Road. Pavement widths range from 23 feet to 32 feet and the street's condition is 'poor'. It also occasionally serves as a bypass (short-cut) between Wheaton Way and Pine Road. It could be argued that this street is not adequate for new development that may add traffic to Pearl Street, particularly commercial traffic, and that a traffic study or new circulation plan should be done for this area before we allow any additional commercial development, or perhaps any development that may intensify the traffic situation. However, the small size of the lot would most likely limit its use to the expansion of the auto repair business next door, or to a new small commercial business or office, either of which would not be large enough to generate a considerable amount of additional traffic. Neither the applicant nor the City currently has the capacity to bring Pearl Street up to minimum standards at this time. However, there is a real justifiable need to change the zoning of the subject property that is more important and immediate than the condition of Pearl Street. There is no reason to expect any significant adverse impacts resulting from the combination of this rezone and the substandard condition of Pearl Street. H. Conclusions: 1. This requested rezone adequately satisfies all applicable rezone criteria, as required for approval. 2. The development of the shopping center appears to have had an adverse impact on the residential quality along the north side of Pearl Street, as evidenced by the physical deterioration and lack of maintenance. Being adjacent to commercial uses on three sides, the Setterlunds' lot is not a desirable site for a new residential development of any kind. 3. The public interest of the community would be best served by including the subject lot in the "GB" zone so that it could be used for the expansion of the L & R Automotive business or for a small commercial or office use that might need a small site in close proximity to a major arterial street, but that does not require drive-by visibility. 4. Provisions of the Zoning Ordinance were designed to address landscaping and buffering of commercial development that is adjacent to a residential zone. The Site Plan Review process and input from other departments will help assure that any future non-residential development will not adversely impact the residential neighbors. Additional conditions of approval are not recommended by the Planning Commission. RECOMMENDATION Following its public hearing on May 19,1992, 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 Setterlund Rezone, from "Duplex Residential (DR)" to "General Business (GB)', and recommended that appropriate action be taken to investigate dumpsters located along the south side of Pearl Street within the right-of-way. VIRGINIA McBRIDE, Vice-Chair Date Bremerton Planning Commission DONALD L. PRATT, Secretary EXISTING LAND USES Single-family Dwelling Duplex (two dwellings in one structure) Multi-family (apartment complex) Commercial ,SETTERLUND REZONE CURRENT ZONING DESIGNATIONS: GB General Business SC Shopping Center $F-3 Single-family Residential (4,800 sq.ft, min. lots) DR Duplex Residential MF Multiple-family Residential SETTERLUND REZONE: The single lot that is indicated by the arrow and cross-hatching is proposed for a REZONE from 'Duplex Residential' to "General Business'. 5982 000 i -PLANNING COMMISSION MINUTES May 19, 1992 MEMBERS PRESENT: Vice-Chair Virginia McBride and Commissioners Russ Nickerson, Dan Milovich, Robin Abille, Marylee Welling, Bob Koch, and Richard Goetze. MEMBERS EXCUSED: Chairperson Mary Fields STAFF PRESENT: Don Pratt, DCD Director Ron Hough, Planning Manager Jack Allingham, Senior Planner Shane Jensen, Land Use Planner Debbie Williams, Secretary V. PUBLIC HEARINGS, Vice-chairman McBride presiding: A. Larry and Judy Setterlund (L&R Automotive): Rezone 13,600-square-foot parcel from "Duplex Residential" to "General Business" 1112 Pearl Street Commission Conflict of Interest/Appearance of Fairness: None. Conflict of Interest/Appearance of Fairness - Comments from the Public: None. Staff Presentation: · Shane Jensen, Land-use Planner presented the staff report and displayed a map showing the location of the site and the surrounding uses. Mr. Jensen mentioned that the Comprehensive Plan is general and was determined that this rezone request was appropriate for this site. There is no specific future use proposed for the site at this time but the applicant feels the rezone is necessary because the site is more suitable for future commercial growth than for residential development. Mr. Jensen addressed the rezone criteria which satisfies this rezone request and is consistent with the Comprehensive Plan. Key considerations were surrounding commercial uses, the shopping center entrance directly across Pearl Street, views of the backs of shopping center buildings, dumpsters, etc. Mr. Jensen proceeded to show slides of the site and its surroundings. ~remerto~ ~!mi~{ ¢o,,{ssio~ Iee,th~ - Iai I~, I~l Commissioner Koch inquired if dumpsters behind the shopping center were located in the public right-of-way. Mr. Jensen said they should not be in the ROW, although they appeared in the slide to be so located. The amount of setback between the ROW and those buildings was not known. Commissioner Goetze inquired if a curb and gutter would be required. 'Mr. Hough said probably not for a project of this size. Vice-chair McBride called for written testimony. None. Applicant's Presentation: Larry Setterlund, L & R Automotive said it would be beneficial to their business to have a commercial use at this location. Vice-chair McBride called for speakers in favor of this application: None. Vice-chair McBride called for speakers in opposition of this application: None. Vice-chair McBride called for comments of a neutral nature: None. Vice-chair McBride closed this portion of the meeting to the public. ~/S/C/U (Koch/Nickersou) BE IT RESOLVED, the Bremerton Planning Commission, after considering oral co~-ments and infornation provided in the staff report, hereby recommends City Council APPROVAL of the Setterlund Rezone, from "Duplex Residential (DK)" to "General Business (GB)", as illustrated in Exhibit "A" Commissioner Koch requested that staff investigate the appropriateness of the dumpsters along the south side of the right- of-way of Pearl Street and to take action as appropriate.