The URL can be used to link to this page

Home My WebLink About4986 ORDINANCE NO. 4986 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for a single parcel located at 4475 Birch Avenue West from City Utility Land to Low Density Residential. WHEREAS, in November of 1989 the City Council adopted ordinance 4248 approving a rezone of the 20 acre parcel at 4475 Birch Avenue West, tax parcel # 322401-3-044- 2001 as part of a sale agreement changing the zoning from Forestry Management Land, to Single Family Residential; and WHEREAS, the rezone documentation was inadvertently never completed and the Official Zoning Map was not amended to reflect the 1989 rezoning action; and WHEREAS, in March of 1998 City Council adopted ordinance 4625 to correct the Official Zoning Maps error by changing the zoning of the property at 4475 Birch Avenue West, tax parcel # 322401-3-044-2001 from Forest Management to Single Family Residential; and WHEREAS, the rezone documentation was again inadvertently never completed and the Official Zoning Map was not amended to reflect the 1998 rezoning action; and WHEREAS, the City Council adopted ordinance 4917 in December 2004 adopting a new Comprehensive Plan and Land Use Map containing a mapping error for the property at 4475 Birch Avenue West; and WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005 establishing a new Zoning Code which listed the subject property as City Utility Land; and WHEREAS, Site specific rezones are a Type IV decision requiring the Hearing Examiner to hold an open record hearing and provide a recommendation to the City Council; and WHEREAS, on September 9, 2006 the public was notified by legal advertisement in the Kitsap Sun of the opportunity to comment and participate in the open record public hearing held by the Hearing Examiner; and WHEREAS, on September 25,2006 the Hearings Examiner conducted an open record public hearing on the site specific rezone to change the designation of 4475 Birch Avenue West to Low Density Residential on the Official Zoning Map and formulated a recommendation for City Council consideration to approve the rezone contingent upon City Council approving the 2006 Comprehensive Plan Land Use Map Amendment correction for this property; and 1 Zoning Map Amendment WHEREAS, the City Council considered and adopted concurrently with this ordinance the 2006 Comprehensive Plan Amendments correcting the mapping error in the Official Land Use map for the parcel located at 4475 Birch Avenue West from "City Utility Land" to "Low Density Residential"; and WHEREAS, on November 1, 2006 the City Council conducted a closed record public hearing to consider this rezone proposal; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings, conclusions and recommendation of the Hearings Examiner attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. The Official Zoning Map is hereby amended to change the zoning from City Utility Lands to Low Density Residential on the property located at 4475 Birch Avenue West, tax parcel # 322401-3-044-2001, as seen in exhibit B. SECTION 3 Severabilitv. If anyone or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after the date of passage as provided by law. PASSED by the City Council the ! sr- day of $~ ' 2006 ~:;;~ CECIL McCONNELL, Council President /5r Approved this _ day of 7/ ~YA./ ,2006 ~ CARY BOZEMAN, Mayor APPROVED AS TO FORM: ~~ UBOVICH, City Attorney 2 Zoning Map Amendment ~ ~ PUBLISHED the~ day of EFFECTIVE the If?""'-- day of ~_ ORDINANCE NO. ~(:, R:\Legal\Legal\Ordinances\Community Development\2006 Rezone.doc 3 ,2006 ,2006 Zoning Map Amendment BEFORE THE HEARING EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of ) ) ) ) ) ) ) FINDINGS, CONCLUSIONS, AND RECOMMENDATION NO. 322401-3-044-2001 The City of Bremerton For Approval of a Rezone Request for Property at 4475 Birch Avenue West SUMMARY The Hearing Examiner recommends that a request for a rezone from a zoning designation as City Utility Land to a zoning designation of Low Density Residential be APPROVED, subject to a condition that the Comprehensive Plan map first be amended in a manner consistent with the zoning designation. The proper sequence of Comprehensive Plan adoption, followed by implementation of the Comprehensive Plan through the rezone action, will then be followed such that the zoning designation will be effective as consistent with the Comprehensive Plan. SUMMARY OF RECORD Request: The City of Bremerton Department of Community Development requests a rezone of a 20 acre parcel of property from City Utility Land to Low Density Residential. The purpose of the request is to correct a mistake in the process of adoption of the Comprehensive Plan and the zoning designation so that the residential zoning will be effective. Hearing Date: The Hearing Examiner for the City of Bremerton held an open record hearing on the matter on September 25, 2006. Testimony: The following individuals presented testimony. under oath at the open record hearing: 1. Nichole Ward, Planner Exhibits: The following exhibits were admitted into the record at the open record hearing: 1. Staff Report, with the following attachments: A. Ordinance 4248 B. Ordinance 4625 C. Comprehensive Plan Proposal Findings, Conclusions and Recommendation Hearing Examinerfor the City of Bremer ton Rezone of Tax Parcel #322401-3-044-2001 EXHIBIT A Page 10f4 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. The City of Bremerton Department of Community Development (City) requests a rezone of privately owned property, measuring approximately 20 acres, from City Utility Land .(CUL) to Low Density Residential (LDR). The property is identified as Tax Parcel #322401-3-0044-20001. Exhibit 1, Staff Report, pages 1 and 2; Testimony of Ms. Ward. 2. The purpose of the CUL designation is to preserve resource-related functions of land, and to protect watersheds and timberlands, by allowing limited low impact recreational and commercial development and requiring a high standard of environmental best management practices. The intent of the LDR zone is to accommodate single-family housing by infilling at a range of lot sizes consistent with urban growth patterns. Bremerton Municipal Code (BMe) 20.60.010; BMe 20.96.010,' Exhibit 1, Staff Report, page 2. 3. The subject property was previously owned by the City. While owned by the City, the property was zoned Forest Management (FM) and designated by the City's Comprehensive Plan as Surplus Utility Land. The property was sold to Puget Western Incorporated in November of 1989, with the agreement that the property would be rezoned. Exhibit 1, Staff Report, page 2. 4. The City Council adopted Ordinance 4248, rezoning the property from FM to Low Density Residential (SF-2), on October 11, 1989. However, neither the City's Official Zoning Map nor the Comprehensive Plan designation was changed to reflect the rezone. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment A; Testimony of Ms. Ward. 5. Ordinance 4625, adopted March 18, 1998, again approved the amendment of the City's Official Zoning Map to zone the property as SF-2, Low Density Residential. However, the Comprehensive Plan was not corrected at that time. When the City adopted a new Comprehensive Plan in December 2004, all properties designated FM were zoned CUL, including the subject property. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment B,' Testimony of Ms. Ward. 6. Currently, the subject property's Comprehensive Plan designation and zoning classification is City Utility Lands (CUL). Property to the west and northwest is also zoned CUL and is lmdeveloped. Property to the northeast, east, and south is zoned Low Density Residential (LDR) and developed with single family residences. Exhibit 1, Staff Report, page 1. Findings, Conclusions and Recommendation Hearing Examiner for the City afBremer/on Rezone of Tax Parcel #322401"3-044-2001 EXHIBIT A Page 2 of4 7. The Bremelton Municipal Code and the State Growth Management Act require that site- specific rezones be consistent with the Comprehensive Plan. Where an amendment of the Plan is required to accomplish a rezone of property, approval of the amendment is required prior to or concurrently with the granting of an approval on the rezone. BMC 20.58.040. The City has included a proposed amendment ofthe Comprehensive Plan designation for this property in the 2006 Comprehensive Plan Amendment docket. The proposed rezone would be approved concurrently with or immediately subsequent to approval ofthe Comprehensive Plan Amendment. Exhibit 1, Staff Report, page 2; Exhibitl, Attachment C; Testimony olMs. Ward. 8. The City completed State Environmental Policy Act (SEP A) review under the Comprehensive Plan Amendment process. Exhibit 1, Staff Report, page 1. 9. Notice of the open record hearing regarding the amendment of the rezone request was published pursuant to City ordinance. BMC 20.10.090; Testimony of Ms. Ward. 10. Other than the City Planner, there was no other testimony or public comment at the hearing. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi-judicial rezone and to issue a written recommendation for final action to the Council, pursuant to Chapters 2.13 and Title 20 of the Bremerton Municipal Code. Criteria for Review Section 20.58.040 of the Bremerton Municipal Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shaH only be granted if: ,'- 1. The rezone is consistent with the Comprehensive Plan; 2. The rezone will advance the public health, safety, or welfare, and will not have adverse impacts on adjacent properties; 3. The rezone is necessary because either: a. Conditions in the immediate vicinity or neighborhood have so markedly changed that it is in the public interest to approve the rezone; or b. The rezone will correct a zone classification or zone boundary that was inappropriate when established; and 4. The rezone is in the public interest. Findings, Conclusions and Recommendation Hearing Examinerfor the City of Sremerton Rezone a/Tax Parcel #322401-3-044-2001 EXHIBIT A Page 30/4 Conclusions Based on Findings 1. With conditions, the rezone is consistent with the Comprehensive Plan. Conditions of approval will ensure that the rezone is not approved without City Council approval of the 2006 Comprehensive Plan Amendment regarding this property. Findings 6 and 7. 2. The rezone will advance the public health, safety, or welfare and will not have adverse impacts on adjacent properties. No adverse impacts were identified by the City. The City Council has previously approved the rezone request in two separate ordinances. The rezone is consistent with sun-ounding land use and zoning classifications. Findings 2, 4, 5, 6, and 8. 3. The rezone is necessary to correct a zone classification that was inappropriate when established. The City intended the property to be zoned as Low Density Residential upon sale to a private party in 1989. The City Council has previously approved the rezone request in two separate ordinances. The property was erroneously identified as City Utility Land during the 2004 Comprehensive Plan update. Findings 1, 2, 3, 4, and 5. 4. The rezone is in the public interest. The property no longer belongs to the City, so the CUL classification is no longer appropriate. It is in the puplic interest to allow appropriate development of the privately owned property. Findings 2 and 3. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a site-specific rezone of20 acres identified as Tax Parcel #322401-3-044-20001 from City Utility Land to Low Density Residential be APPROVED with the following condition: . The City Council should first approve the 2006 Comprehensive Plan Land Use Map Amendment Correction for this property. ~ DATED this 5 day of October 2006. :~~~~L~~ Hearing Examiner Findings. Conclusions and Recommendation Hearing Examiner for the City of Bremerton Rezone of Tax Parcel #322401-3-044-2001 EXHIBIT A Page 4 of4 Redesignate Hatched Parcel to Low Density Residential (R-10) Tax Parcel #: 322401-3-044-2001 AFFIDAVIT OF PUBLICATION . Account # 42742 / Ad # 168629 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: , November 8, 2006 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $28.15 which amount has not been paid in full. ~~~_1 L&ev~ (Signature of Principal Clerk) ORDINANCE NO. 4986 Subscribed and sworn to before me this day of November 15,2006 Notary Public in and for the State of Washington, Kitsap County. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for a single parcel located at 4475 Birch Avenue West from City Utility Land to Low Density Residential. PASSED by the City Council the 1 st day of November, 2006 The full text of this ordinance is available from the City Clerk's Office, 345 6th Street, Suite 600, Bremerton, W A 98337. November 8, 2006....................AD #20022812