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ORDINANCE NO. 50 2> ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Official Zoning Map for a
total of97.09 acres covering ten tax parcels located to the south of
the western terminus of Werner Rd. from Industrial (I) - 87.09
acres and City Utility Lands (CUL) - 10 acres; to Low Density
Residential (R-lO) - 88.5 acres; Neighborhood Business (NB)-
1.5 acres; and Industrial Park (lP) - 7.09 acres, as consistent with
the 2007 Comprehensive Plan Amendment Docket.
WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.10 allows
applications for amendment of the Comprehensive Plan, and BMC Chapter 20.02 specifies
procedures for rezone applications by property owners and members of the public, and a
complete application for Comprehensive Plan land use re-designation and corresponding rezone
of97.09 acres ofland south of the Werner Rd. corridor was submitted to the City in March of
2007; and
WHEREAS, on September 18th and November 20th of2007 the Bremerton
Planning Commission held public hearings and recommended to City Council approval of the re-
designation and corresponding rezone of the 97.09 acres of land south of the Werner Rd.
corridor; 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 November 29, 2007 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 December 10, 2007 the Hearings Examiner conducted an open
record public hearing on the rezone to change the designation of97.09 acres ofland south ofthe
Werner Rd. corridor from primarily Industrial to primarily Low Density Residential, and
formulated a recommendation for City Council consideration to approve the rezone contingent
upon City Council approving the 2007 Comprehensive Plan Land Use Map Amendment for these
properties; and
WHEREAS, on December 19th, 2007 the City Council held a public hearing,
considered and adopted the 2007 Comprehensive Plan Amendment Docket including re-
designation of97.09 acres of lands south of the Werner Rd. corridor from primarily Industrial to
primarily Low Density Residential; and
1
Zoning Map Amendment
WHEREAS, per the Growth Management Act (GMA) 36.70A.130 and BMC
20.40(b) the City's zoning code is required to be fully consistent with underlying Comprehensive
Plan land use designations and the proposed rezone matches the approved Comprehensive Plan
land use redesignations; and
WHEREAS, on December 19,2007 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
of97.09 acres oflands including tax parcels 202401-4-003-2002, 202401-4-004-2001, 202401'-
1-007-2004,202401-4-009-2006, 202401-4-008-2007, 202401-4-010-2003, 202401-4-007-2008,
202401-4-006-2009, 202401-4-005-2000, 202401-2-002-2008, from Industrial (I) 87.09 acres
and City Utility Lands (CUL) 10 acres; to Low Density Residential (R-l 0) 88.5 acres, Industrial
Park (IP) 7.09 acres, and Neighborhood Business (NB) 1.5 acres more particularly depicted in
Exhibit B.
SECTION 3 Severabilitv. If any provision of this ordinance is held invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remainder ofthis ordinance. Provided however, that if any provision of
this ordinance is held invalid or unconstitutional, then the provision in effect prior to the
effective date of this ordinance shall be in full force and effect for that individual provision as if
this ordinance had never been adopted.
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.
/CfJtr day of /)(Jj1~nLher
PASSED by the City Council the
,2007
Approved this d 2T-..J) day of
jln.~~ ~07
CARY BOZEMAN, Mayor
2
Zoning Map Amendment
ATTEST:
~fltM1
CAROL ETG N, City Cl
APPROVED AS TO FORM:
PUBLISHED the r5l!#-.J) day of ~ ~:;:~
EFFECTIVE the W ~ day of
ORDINANCE NO. ..5l)d ~
: 2007
2008
3
Zoning Map Amendment
EXHIBIT A
Hearing Examiner Findings of Fact and Conclusion
Forthcoming:
The Hearing Examiner held the Open Record Public Hearing required per the Type IV
decision procedures on December loth, 2007. The Hearing Examiner decision is
expected to be available in advance of the December 19th City Council meeting. The
Hearing Examiner's Findings of Fact and Conclusion will be provided to City Council
and made available for public review as soon as it is available.
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BREMERTON
In the Matter of the Application of
No. BP07-00055
Triway Enterprises 5 C's Partnership
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)
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FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
For Approval of a Rezone
SUMMARY
The Hearing Examiner recommends that the request to rezone 97.09 acres south of Werner Road from
Industrial (I) and City Utility Lands (CUL) to Low Density Residential (LDR) and Neighborhood Center
Core (NCe), in Bremerton, Washington, be GRANTED, subject to conditions.
SUMMARY OF RECORD
Request:
Triway Enterprises 5 C's Partnership requests a rezone of97.09 acres south of Werner Road in
Bremerton, Washington, from Industrial (I) and City Utility Lands (CUL) to Low Density Residential
(LDR) and Neighborhood Center Core (NCe).
Hearing Date:
The City of Bremerton Hearing Examiner held an open record hearing on the request on December 10,
2007.
Testimonv:
The following individuals presented testimony under oath at the open record hearing:
Geoffrey Wentlandt, City Planner
JeffPantier, Applicant Representative
Wayne Lindberg, Bremerton School District
Ken Bagwell, Assistant City Attorney, represented the City at the open record hearing.
Exhibits:
The following exhibits were admitted into the record:
1. Location Map
2. Aerial Photo Map
3. Existing Comprehensive Plan City Land Use Map, adopted December 1,2004, and Planning
Commission Recommended Comprehensive Plan City Land Use Map, dated September 18, 2007
4. Notice Documents: Notice of December 10,2007 Public Hearing; Notice of Postponement of
November 19,2007 Public Hearing; and Integrated Notice of Application and Notice of
November 19,2007 Public Hearing
5. Affidavits and Notice Documents: Affidavit of Mailing, dated November 28, 2007; Affidavit of
Posting, dated November 28,2007; Affidavit of Posting, dated October 30,2007; Affidavit of
Mailing, dated October 29, 2007; Mailing List; Posting Board photograph; Notice of Application
and Notice of November 19, 2007 Public Hearing, published October 30, 2007; and Notice of
Postponement of Public Hearing, published November 8, 2007
[fJ i~ ((~ rc::: il \- I.- =,' m
) Findings, Conclusions, and Recommendation ~ \.~ LS U '. .s D)
City of Bremerton Hearing Examiner Ul j
f)r- 2.0- '
Triway Enterprises 5 C's Partnership Rezone, No. BP07-00055 ... cC 1 g 0 { ~~-
Page 1 of8
BR~MER-r.
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COMMUNITY DFV'-~ .' 1"1 '1~. ,.,-
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6.
7.
8.
Figure 20AO(b) BMC Comprehensive Plan/Zoning Consistency; Bremerton Municipal Code
Excerpts
City of Bremerton Planning Commission Findings of Fact and Conclusions, 2007 Annual
Comprehensive Plan Amendment Docket
Planning Commission Meeting Minutes: Planning Commission Meeting Minutes of a Special
Meeting of the Planning Commission, dated September 18, 2007, and Minutes of a Regular
Meeting of the Planning Commission, dated November 20,2007
Excerpt - Staff Report to Planning Commission for Commission Meeting Date November 20,
2007, Agenda Item V.B.3, with Amendment 1 (Werner Rd. Industrial (I) to Low Density
Residential (LDR))
Public Comment letters: WSDOT Comment Letter on City of Bremerton Comprehensive Plan
Amendments, dated October 1,2007; and Letter from the Bremerton School District to City
Department of Community Development, dated November 13, 2007
Notice Documents: Notice of Planning Commission November 20,2007 Public Hearing during
Planning Commission Regular Meeting, published November 10,2007; and Notice of Planning
Commission September 18, 2007 Public Hearing during Planning Commission Special Meeting,
published September 8, 2007
SEPA Determination of Non significance for 2007 Comprehensive Plan amendment docket,
issued September 7,2007; Mailing List; and Notice of Determination of Non significance,
published September 7, 2007
SEP A Checklist for 2007 Comprehensive Plan amendment docket, prepared by the City of
Bremerton, dated September 6, 2007
Applications: Application for Zone Reclassification (Rezone), dated received April 2, 2007 and
Comprehensive Plan Amendment, dated received March 29, 2007, with project narrative,
property ownership map, and proposed rezone map
SEP A Checklist Comprehensive Plan/Rezone Application, prepared by Triway Enterprises, dated
April 2, 2007
City of Bremerton Department of Community Development Staff Report, Conclusions, and
Findings for Hearing Examiner Public Hearing on December 10,2007
9.
10.
11.
12.
13.
14.
15.
16.
The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and
exhibits admitted at the open record hearing:
FINDINGS
1. Triway Enterprises 5 C's Partnership (Applicant) requests a rezone of 87.09 acres zoned
Industrial (1) to Low Density Residential R-lO (LDR) and Neighborhood Center Core
(NCC) and a rezone of approximately 10 acres zoned City Utility Lands (CUL) to LDR.
Under the Applicant's proposal, a total of90 acres would be zoned LDR and a total of
7.09 acres would be zoned NCC. The property subject to the rezone request is located
along the south side of Werner Road in Bremerton, Washington.l Exhibit 14; Exhibit 16,
Staff Report, page 1.
1 The subject property is identified by tax parcel numbers 202401-4-003-2002, 202401-4-004-2001,
202401-1-007 -2004, 202401-4-009-2006, 202401-4-008-2007, 202401-4-010-2003, 202401-4-007-2008,
202401-3-006-2009, 202401-4-005-2000, and 292401-2-002-2008. Exhibit 14. All parcels except Parcel
292401-2-002-2008 are currently classified as located within the City's Industrial zoning district. The
Applicant did not include a legal description of the subject property with the application. Exhibit 14.
Findings, Conclusions, and Recommendation
City of Bremerton Hearing Examiner
Triway Enterprises 5 C's Partnership Rezone, No. BP07-00055
Page 2 of8
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2. The City of Bremerton (City) determined the application was complete on April 30, 2007. On
October 29,2007, the City gave combined notice of the application and the open record hearing
associated with the application by mailing notice to departments, agencies, and owners of
property within 300 feet of the subject property.2 On October 30, 2007, the City posted combined
notice on the subject property and published notice in the local newspaper of record. Exhibit 4;
Exhibit 5; Exhibit 16, Staff Report, page 4.
3. The property subject to the rezone request is currently undeveloped. The property is accessed
from Werner Road, an arterial roadway located along the northern boundary of the subject
property. Werner Road contains public water and sanitary sewer mains to serve future
development within the subject property. Exhibit 16, Staff Report, page 2.
4. Adjacent property to the west is currently designation designated Industrial and City Utility
Lands under the City Comprehensive Plan. An existing gravel mine operates adjacent to the west
ofthe Industrial- and City Utility Lands-designated property.3 Adjacent property to the east is
designated Low Density Residential under the City Comprehensive Plan. While the property
adjacent to the east is currently undeveloped, plans for the 630-unit West Hills residential
subdivision have been preliminarily approved for this property. Development of the planned
West Hills subdivision would provide a secondary access route to the subject property. Geoffrey
Wentlandt, City Planner, testified that the Applicant owns the property upon which the West Hills
subdivision would be constructed. The City Staff Report noted that utilities would be extended to
the subject property in conjunction with the adjacent planned development. Mr. Wentlandt
testified that preliminary approval of the West Hills subdivision proposal has resulted in a marked
change in the vicinity of the subject property. Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 9; Exhibit
16, Staff Report, page 2; Testimony of Mr. Wentlandt.
5. Zoning classifications must be consistent with City Comprehensive Plan land use designations.
RCW Chapter 36. 70A; Bremerton Municipal Code (BMC) 20AO.170. Currently, 87.09 acres of
the property are designated Industrial and 10 acres are designated City Utility Lands under the
City Comprehensive Plan.4 The Applicant submitted an application to the City for a
comprehensive plan amendment in conjunction with the rezone application.s The Applicant
2 Bremerton Municipal Code (BMC) 20.02.100 and BMC 20.02.110 permit combined notice of application
and open record hearing.
3 Ace Paving Company holds Washington Department of Natural Resources Reclamation Permit No.
12599 and Bremerton Special Use Permit 6-87 to conduct basalt surface mining on a 60 acre site adjacent
to the southwest comer of the subject property. The permits were issued in 1987 and 1988, respectively.
The mine is expected to operate with a 40-year life expectancy. Exhibit 9.
4 City ofBremerton Comprehensive Plan, last updated December 2004.
5 According to BMC Chapter 20.10, the City considers Comprehensive Plan amendments on an annual
cycle. Comprehensive plan amendments require Planning Commission recommendation and final City
Council approval. Approval of a Comprehensive Plan amendment is required prior to or concurrently with
the granting of an approval on a related rezone request. BMC 20. 58.040 (e). The City Council will act on
the Applicant's Comprehensive plan amendment request on December 19,2007. The City ofBremerton
Hearing Examiner reviews the rezone request to permit efficient City Council processing of the concurrent
comprehensive plan amendment and rezone requests. BMC Ch. 20.10; Exhibit 16, Staff Report, pages 3 -
4.
Findings. Conclusions. and Recommendation
City olBremerton Hearing Examiner
Triway Enterprises 5 C's Partnership Rezone. No. BP07-00055
Page 3 018
requested an amendment to change the comprehensive plan designation of90 acres of the subject
property from an Industrial and City Utility Lands designation to a Low Density Residential
designation, and to change the designation of 7.09 acres of the subject property from an Industrial
designation to a Neighborhood Center Core designation.6 Exhibit 6; Exhibit 14; Exhibit 16, Staff
Report, page 1.
6. The City acted as lead agency and analyzed the environmental impact of amending the City
Comprehensive Plan under the State Environmental Policy Act (SEPA).7 The City determined
that proposed amendment would not have a probable significant adverse impact on the
environment, and issued a Determination of Non significance (DNS) on September 7, 2007. The
DNS was not appealed. Exhibit 12.
7. According to BMC Chapter 20.10, Comprehensive Plan amendments require City Planning
Commission recommendation and final City Council approval. On September 18, 2007, the
Planning Commission held a public meeting on the 2007 Comprehensive Plan amendment docket
and prepared a recommendation to the City Council. Planning Commission members suggested
expanding the area that would provide commerciaVretail uses within the property subject to the
comprehensive plan designation change and associated rezone request, and working with the
Applicant to determine a better location for the commerciaVretail use within the subject property.
The Planning Commission voted to send the 2007 Comprehensive Plan amendment docket to the
City Council with revisions to the amendments. Exhibit 8.
8.
The City Planning Commission held a second public meeting on the 2007 Comprehensive Plan
amendment docket on November 20,2007. At the public meeting, City planning staff presented
revised Comprehensive Plan amendments according to Planning Commission instructions. The
revised amendments included changing the land use designation of the subject property from
Industrial and City Utility Lands to Low Density Residential (88.5 acres), Neighborhood
)
6 According to Figure 20AO(b), the BMC Comprehensive Plan/Zoning Consistency table, the LDR zoning
classification is consistent with the Low Density Residential (LDR) Comprehensive Plan designation, and
the NCC classification is consistent with the Neighborhood Centers (NC) designation. The Neighborhood
Business classification is consistent with the Neighborhood Business designation, and the Industrial
classification is consistent with the Industrial designation. Exhibit 6.
7 The City analyzed the environmental impact of four proposed amendments to the City Comprehensive
Plan under SEPA, including: changing the land use designation of the property south of We mer Road,
making minor updates and corrections to the Comprehensive Plan Land Use Map, making minor updates
and corrections to the Comprehensive Plan Eventual Growth Map and Comprehensive Plan text related to
the City Urban Growth Areas, and making corrections to the Comprehensive Plan Land Use Element text
descriptions. Together, these amendments comprise the 2007 City Comprehensive Plan Amendment
docket before the City Council. The City prepared a SEPA checklist to aid in determining the impact of the
2007 Comprehensive Plan amendments, and the Applicant prepared a SEPA checklist to aid in determining
the impact ofthe Applicant's proposed Comprehensive Plan amendment and associated rezone request.
Mr. Wentlandt testified that the City analyzed Comprehensive Plan amendments and the rezone request as
non-project actions under SEP A, as no development proposal has been made at this time. If critical areas
such as slopes and wetlands are identified on the subject property, protection of those sites would be
addressed in conjunction with any future development proposal. Exhibit 12; Exhibit 13; Exhibit 15;
Exhibit 16, Staff Report, page 2; Testimony of Mr. Wentlandt.
Findings, Conclusions, and Recommendation
City of Bremerton Hearing Examiner
Triway Enterprises 5 C's Partnership Rezone, No. BP07-00055
',<
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1
Page 4 a{R
Business (1.5 acres), and Industrial Park (7.09 acres). The revised amendments included
relocating the Ne~ghborhood Business designation more centrally within the Low Density
Residential area to better serve the area that would be designated Low Density Residential, and
locating an Industrial Park-designated area adjacent to Werner Road. Staff developed the revised
recommendation based on Applicant input, public comment, Werner Road design and traffic
pattern, and the site plan of the planned subdivision adjacent to the subject property. Staff
recommended including an Industrial Park-designated area to respond to the input of neighboring
property owners, and to be consistent with the Industrial designation of surrounding property and
the existing semi-industrial character of Werner Road development. Staff recommended an
expanded 1.5 acre Neighborhood Business designation to allow for future expansion into a
Neighborhood Center, ifproposed.8 JeffPantier, Applicant Representative, spoke at the meeting
in favor of the recommended revisions. Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 16, Staff Report,
pages 1 and 3.
9. On November 20,2007, the City Planning Commission made a formal recommendation to City
Council to change the comprehensive plan designation ofthe subject property from Industrial and
City Utility Lands to Low Density Residential, Neighborhood Business, and Industrial Park,
according to City staff recommended revisions. The City Council intends to consider the
Comprehensive Plan land use re-designation recommendation during its December 19, 2007
meeting at the same time it considers final approval of the proposed rezone request. Exhibit 7;
Exhibit 16, Staff Report, pages 1 and 3 - 4.
10. At the open record hearing on the rezone request, Mr. Pantier testified that the Applicant has
revised his rezone application to request a rezone of the subject property to Neighborhood
Business, Industrial, and Low Density Residential to reflect the recommended 2007
Comprehensive Plan amendments. The City Staff Report states that the rezone application is
"fully consistent" with the Planning Commission's land use re-designation recommendation. Mr.
Wentlandt testified that the proposed rezone would be consistent with the City Comprehensive
Plan ifthe 2007 Comprehensive Plan amendments are adopted by the City Council. Mr. Pantier
testified that the change is due to a property exchange agreement between neighboring property
owners: the City, the Applicant, and Richard Christopherson of Ace Paving. Under the
8 The Neighborhood Center (NC) land use designation is meant to establish Neighborhood Centers, which
are mixed use environments with an emphasis on mixed use structures, pedestrian oriented design, mixed
and varied housing types, and provision of neighborhood scale commercial, professional, and community
services. The size and scale of a Neighborhood Center is such that it has an average development density
of 20 units per acre, and it provides a focus and services for an area approximately one mile in diameter
surrounding the center. City Comprehensive Plan, Land Use Element, LU-48, page 86. The
Neighborhood Business (NB) land use designation is meant to establish small scale business locations
outside of centers, commercial corridors, or the downtown area. Neighborhood Business districts are
typically no larger than one acre. Uses under the designation are small scale retail and business activities
serving the immediate surroundings, including small groceries, convenience stores, small offices, and
restaurants. Neighborhood Business districts should only be placed in areas where access to neighborhood
supporting commercial activities cannot be provided in a Neighborhood Center, District, Center,
Employment Center, Downtown Regional Center or Commercial Corridor district within walking distance
- usually one mile or less. City Comprehensive Plan, Land Use Element, LU-55, page 93. The Staff
Report noted that the Planning Commission recommended a Neighborhood Business redesignation rather
than the Neighborhood Center redesignation requested by the Applicant because of Comprehensive Plan
directives for where Neighborhood Business designations should be located. Exhibit 16, Staff Report, page
3.
Findings, Conclusions, and Recommendation
City of Bremerton Hearing Examiner
Triway Enterprises 5 C's Partnership Rezone, No. BP07-00055
Page 5 of8
agreement, the Applicant would convey property adjacent to the existing Ace Paving gravel mine
and adjacent to Werner Road to Christopherson. In return, the Applicant would receive property
adjacent to the planned West Hills subdivision, for future residential development. Exhibit 16,
Staff Report, page 3; Testimony of Mr. Pantier; Testimony of Mr. Wentlandt.
11. The City Comprehensive Plan contains goals and policies relevant to the rezone request. Housing
Goal 6 would build strong, cohesive neighborhoods with a majority of households owning their
own homes. Land Use Goal 3 calls for the City to create an environment that will promote
growth, and Land Use Policy LUI requires the City to identify and enhance distinctive
neighborhoods, communities, and centers throughout the City. Land Use Policy LUlJ provides
for buffering surrounding communities from regional transportation corridors, allowing for
transitional and sensitive development patterns. The Land Use Element Industrial Park Policy
Direction noted in the Comprehensive Plan would provide for appropriate locations for light
industrial uses in a well planned complex. Exhibit 16, Staff Report, page 4.
12. The intent of the City's Neighborhood Center Core (NCC) zoning district differs from the intent
of the City's Neighborhood Business (NB) zoning district. The intent of the NCC zoning district
is to establish base threshold standards for the central core of neighborhood centers that preserve
future opportunity for full realization of the centers concept. BMC 20.66.010. The intent of the
NB zone is to provide for small-scale business districts outside of centers and corridors that
reflect the scale and character of surrounding neighborhoods. These NB locations support
neighborhoods which generally lack access within walking distance to a designated center. The
NB zone shall include uses such as small groceries, convenience stores, offices, and restaurants.
Neighborhood business districts are generally limited in size to one (1) acre each and are typically
comprised of a tight cluster of businesses on several parcels. BMC 20.82.010.
13. Wayne Lindberg testified on behalf of the Bremerton School District concerning the impact of
future development on the District. The District sent a letter to the City Department of
Community Development expressing the District's desire to discuss the possible placement of a
school within the neighborhood of planned residential development. Mr. Wentlandt responded
that schools are permitted as a conditional use within the Low Density Residential zoning district.
The Applicant and City agreed to cooperate with the School District whenever it identified the
need for additional facilities and a potential site for that facility. The School District intends to
become more active in its relationship to the City in order to help ensure that quality facilities
with safe access are provided to all school children. Exhibit 10; Testimony of Mr. Lindberg;
Testimony of Mr. Wentlandt.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has authority to conduct an open record hearing on a rezone request and to issue a
recommendation on the request to the Bremerton City Council. BMC 2.13.070; BMC 2.13.080(3); BMC
Chapter 20.02, Table 040.
Criteria for Review
The Hearing Examiner holds the open record hearing on the rezone request and provides a
recommendation to the City Council. BMC Chapter 20.02, Table 040; BMC 20.58.040(b). The City may
grant a site-specific rezone only if it finds that:
Findings, Conclusions, and Recommendation
City of Bremerton Hearing Examiner
Triway Enterprises 5 C's Partnership Rezone, No. BP07-00055
(
Page 60f8
(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:
(i) Conditions in the immediate vicinity or neighborhood have so markedly changed that
it is in the public interest to approve the rezone; or
(ii) The rezone will correct a zone classification or zone boundary that was inappropriate
when established; and
(4) The rezone is in the public interest.
BMC 20.58.040(d).
If a Comprehensive Plan amendment is required in order to satisfy subsection (d)( 1) above, approval of
the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval
on the rezone. BMC 20.58.040(e).
Conclusions Based on Findings
1. With conditions, the proposed rezone would be consistent with the City Comprehensive
Plan. The Applicant has revised the initial rezone application to request a rezone consistent with
the 2007 Comprehensive Plan amendments recommended to the City Council by the City
Planning Commission. The recommended amendments include changing the land use
designation of the subject property from Industrial and City Utility Lands to Low Density
Residential, Neighborhood Business, and Industrial Park. Thus, the proposed rezone would
change the zoning classification of the subject property from Industrial and City Utility Lands to
Low Density Residential, Neighborhood Business, and Industrial. According to Figure 20.40(b),
the BMC Comprehensive Plan/Zoning Consistency table, these zoning classifications are
consistent with the recommended Comprehensive Plan amendments. The City Council will
consider the proposed rezone concurrently with the recommended Comprehensive Plan
amendments. The proposed rezone would facilitate single-family residential development
adjacent to an area of planned residential development, consistent with Comprehensive Plan goals
and policies to create and enhance residential neighborhoods within the City. The area that would
be classified Neighborhood Business would permit growth over time into a Neighborhood Center
to serve surrounding residential development. Providing for an Industrial classification within the
subject property along Werner Road would permit Werner Road to retain its industrial character
and buffer residential neighborhoods to the south and east from Werner Road. Conditions of
approval are necessary to ensure that the rezone request is not approved unless the City Council
approves the concurrent Comprehensive Plan amendments assigning a new land use designation
to the subject property. Findings 1, 3 - 5, 7 - 12.
2. With conditions, the proposed rezone would advance the public health, safety, or welfare,
and would not have adverse impacts on adjacent properties. The City provided adequate
public notice and opportunity for comment on the rezone request. The City analyzed the
environment impact of amending the property's land use designation, necessary to approve the
rezone request, and determined that the amended designation would not have a probable
significant adverse impact on the environment. The proposal would permit future residential and
industrial development within the subject property, in an area that already hosts residential and
industrial development. Commercial/retail use within the area that would be reclassified
Neighborhood Business would provide services useful to residents of future surrounding
Findings, Conclusions, and Recommendation
City of Bremerton Hearing Examiner
Triway Enterprises 5 C's Partnership Rezone, No. BP07-00055
Page 70f8
residential development. City utilities would be available to future development within the
subject property. The property is accessible through Werner Road and would also be accessible
from the east with development of the neighboring West Hills residential subdivision. As the
Applicant is the developer of the planned West Hills subdivision, residential areas within the
subject property would be developed consistently with the neighboring West Hills residential
areas, including utility and road extension. Rezoning a portion of the subject property as
Industrial would not interfere with ongoing operation of the nearby gravel mine and would be
consistent with the current industrial character of the area bordering Werner Road. Rezoning a
portion of the property as Low Density Residential would not interfere with the possibility of
using a portion of the property for a District school. Conditions of approval are necessary to
ensure adequate protection of critical areas, should any critical areas be identified upon the
subject property. Findings 1- 6, 8 - 13.
3. The proposed rezone is necessary because conditions in the immediate vicinity have so
markedly changed that it is in the public interest to approve the rezone. The 630-unit West
Hills subdivision immediately adjacent to the subject property has received preliminary approval.
It is in the public interest to rezone the subject property consistent with the planned residential
development, in order to provide for ongoing operation of surrounding industrial uses, to buffer
residential areas from the Werner Road industrial corridor, and to provide for an area of
commercial/retail development to serve planned and future residential development in the
vicinity. Approval of the proposed rezone would allow for residential, industrial, and
commerciallretail growth as infill development upon the subject property, and would allow for
coordinated infrastructure development upon and in the vicinity of the subject property to serve
those uses. Findings 1, 3, 4, 7 - 10, 12.
RECOMMENDATION
Based on the preceding Findings and Conclusions, the Hearing Examiner recommends that the City
Council GRANT the request to rezone 97.09 acres south of Werner Road from Industrial (I) and City
Utility Lands (CUL) to Low Density Residential (LDR), Neighborhood Business (NB) and Industrial (I),
subject to the following conditions:9
I. The City Council must approve both the rezone request itself pursuant to BMC 20.02 Table 040,
as well as the underlying land use re-designation pursuant to BMC 20.10, in order for the rezone
to be effective.
2. All subsequent development must be consistent with the development standards ofBMC Title 20,
including the Critical Areas Ordinance, and other applicable City Codes including Engineering
Standards identified in BMC Titles 10 and 11.
Recommended this ~ay of December 2007. \)
~~Q.~C)~
THEODORE PAUL HUNTER
Hearing Examiner
9 The recommended conditions describe legal requirements applicable to all developments and provisions
applicable to all rezone applicants. The conditions are intended to. clarify the nature of the rezone in the
recommendation and resolution, but need not be carried forward as part of a text amendment.
Findings, Conclusions, and Recommendation
City of Bremerton Hearing Examiner
Triway Enterprises 5 C's Partnership Rezone. No. BP07-00055
Page 8 of 8
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fi" j low Density Residential (LDR).
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Currently City Utility Lands (CUL).
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City Limits
Tax Parcels
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AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 219010
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christy Moffitt, 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 theSuperior 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 date, to wit:
December 24, 2007 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 $40.38 which
amount has not been paid in full.
o }'t,fj-tA'~ ~~:Jr
- . ~ . ~
(Signature of Principal Clerk)
Subocribod ,ud ,wurn to befo'e me th;, d,y of 1,nU'''2 <"=',,,",
A9;F , '\;,\
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~ /) ~~) ~ .. 1~^..:~", 0 \
Notary Publk in ,nd fa, the SMe of W,,;binglon, Ki;""p County. P --'-..y~' ; I }"; 1Jj\ I
I'} 1 :
ORDINANCE NO. 5038 '())i~>' . " ,,",if
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'1>;::i"0:s~:'~;;~~~9J:'"
AN ORDINANCE ofthe City Council ofthe City of Bremerton, Washington, amending the Official
Zoning Map for a total of 97.09 acres covering ten tax parcels located to the south of the western terminus
of Werner Rd. from Industrial (1) - 87.09 acres and City Utility Lands (CUL) - 10 acres; to Low Density
Residential (R-lO) - 88.5 acres; Neighborhood Business (NB) - 1.5 acres; and Industrial Park (IP) - 7.09
acres, as consistent with the 2007 Comprehensive Plan Amendment Docket.
PASSED by the City Council the 19th day of December, 2007
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
December 24, 2007..................AD #20057711