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HomeMy WebLinkAbout5073 ORDINANCE NO. .5Q13 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for a total of 1.4 acres covering one tax parcel located at 5005 Arsenal Way from City Utility Land (CUL) to Master Development (MD), to establish zoning that is consistent with the 2008 Comprehensive Plan Amendment Docket (Ord. 5062) that amended the subject site's land use designation from Transportation, Utilities and Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS). WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.10 allows applications for annual amendments to the Comprehensive Plan, and consistent with this annual process city staff initiated the Comprehensive Plan land use change for the parcel located at 5005 Arsenal Way; and WHEREAS, on August 19, 2008 the Bremerton Planning Commission held a public hearing and made recommendation to City Council for approval of the Comprehensive Plan land use change from Transportation, Utilities and Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS) for 5005 Arsenal Way; and WHEREAS, on August 16, 2008 a SEP A DNS was issued for the Comprehensive Plan Amendment docket with an administrative appeal deadline of September 1, 2008 and no appeals were filed; and WHEREAS, on August 6, 2008 a Notice of Adoption of Existing Environmental Documents was file with the Washington State Department of Ecology under the provisions of WAC 197-11-630 indicating that the environmental record that was created for the 2008 Comprehensive Plan amendment docket was sufficient for this proposed rezone action; and WHEREAS, on October 15,2008 City Council held a Public Hearing, and adopted Ordinance No. 5062 adopting the 2008 Comprehensive Plan Amendment Docket which included the land use change of 1.4 acres at 5005 Arsenal Way known as Fire Station #2 to PSRS; and WHEREAS, pursuant to Bremerton Municipal Code 20.40(b) the City's zoning designations are required to be fully consistent with underlying Comprehensive Plan land use designations; and WHEREAS, the Bremerton Municipal Code "Comprehensive Plan / Zoning Consistency" table in Figure 20.40(b) lists three zoning districts that are consistent with the PSRS land use designation, which are - Low Density Residential (LDR), Master Development (MD) or Institutional (INST); and 1 Zoning Map Amendment WHEREAS, the current zoning of the site of City Utility Land (CUL) is not consistent with the land use map and the proposed rezone to Master Development (MD) brings the site into conformance with the Comprehensive Plan land use map and is consistent with the zoning districts listed in BMC Figure 20.40(b); and WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.02 specifies procedures for rezone applications by property owners and members of the public, and a complete application for the rezone of 1.4 acres at 5005 Arsenal Way was submitted by staff to the City on October 21, 2008; and WHEREAS, site specific rezones are a Type IV decision requiring the Hearings Examiner to hold an open record hearing and provide a recommendation to the City Council; and WHEREAS, on October 23, 2008 and November 5, 2008 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 November 24,2008 the Hearings Examiner conducted an open record public hearing on the rezone to change the designation of 1.4 acres at 5005 Arsenal Way from City Utility Land (CUL) to Master Development (MD); and WHEREAS on December 9,2008 the Hearing Examiner issued findings, conclusions, and recommendation to rezone the subject property to MD; and WHEREAS, on January 21, 2009 the City Council conducted a closed record public hearing to consider the 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 ofthe 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 of 1.4 acres ofland including tax parcel 162401-4-007-2004 from City Utility Lands (CUL) to Master Development (MD) 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 of this 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. 2 Zoning Map Amendment SECTION 4. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council the d /.4:6 , ,2009 Approved this d~ day of P,/)'U ~ 04 r ATTEST: APPROVED AS TO FORM: PUBLISHED the c2:z:tA..l day of ~~ EFFECTIVE the I-.-HLJ day of 'i--- ORDINANCE NO. Sf> 7..3 ,2009 ,2009 R:\Legal\Legal\Departments-General\Community Development\Rezone 5005 Arsenal.doc 3 Zoning Map Amendment Exh ibit A BEFORE THE HEARING EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of ) ) ) ) ) ) City Fire Station #2 No. BP08-00ll0 City of Bremerton For Approval of a Rezone FINDINGS, CONCLUSIONS, RECOMMENDATION SUMMARY The Hearing Examiner recommends that the request to rezone approximately 1.4 acres at 500S West Arsenal Way from City Utility Land to Master Development in Bremerton, Washington, be GRANTED. SUMMARY OF RECORD Request: Lindsey Sehmel, 011 behalf of the City of Bremel10n DepaItment of Community Development (Applicant), requests a rezone of 1.4 acres at 5005 West Arsenal Way in Bremerton, Washington from City Utility Lands (CUL) to Master Development (MD). Hearing Date: The City of Bremerton Hearing Examiner held an open record hearing on the request on November 24, 2008. Testimony: . The following individual presented testimony under oath at the open record hearing: I Lindsey Sehmel, City Long Range Planner Exhibits: The following exhibits were admitted into the record: 1. Planning Commission Findings of Fact & Conclusion, dated August 19, 2008 2. City of Bi'emelton Ordinance 5062, dated October 15,2008 3. Rezone Application, October 21, 2008 4. BMC- Comprehensive Plan/Zoning Consistency Table 5. Location Map I The individual submitting the application and the individual testifying in support of the application are the same person. It may be appropriate on future rezone applications initiated by the City to have a Department of Community Development representative be someone other than the Applicant to help preserve the appearance of fairness. Findings, Conclusions. and Recommendation Cily q(Bremerlon Hearing Examiner City Fire Station #2 Rezone, No. 81'08-00 I/O Page I (?f 5 Exhibit A 6. Aerial Photo Map 7. Existing Comprehensive Plan Map 8. Integrated Notice of Application and Public Hearing, dated October 23, 2008 9. Affidavit of Mailing, Site Posting, and Publication of Public Hearing, dated October 24, 2008 10. SEP A Notice of Adoption of Existing Environmental Documents, dated October 24, 2008 11. Notice of Public Hearing with legal ad, dated November 5, 2008 12. Staff Analysis & Conclusions, dated November 13, 2008 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. Lindsey Sehmel, on behalf of the City of Bremerton Department of Community Development (Applicant), requests a rezone of 1.4 acres zoned City Utility Lands (CUL) to Master Development (MD). The property subject to the rezone request is located at 5005 West Arsenal Way2 in Bremerton, Washington.3 Exhibit 3; Exhibit 12, Staff Analysis, page 1. 2. The City of Bremerton (City) determined the application was complete on October 21, 2008. On October 24, 2008, 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 ofthe subject property, and by posting the combined notice on the subject propelty.4 The City published notice of the public hearing in the Kitsap Sun on November 5,2008. Exhibit 8, Exhibit 9, Exhibit 11, Exhibit 12, Staff Analysis, page 2. 3. The City acted as lead agency and analyzed the environmental impact of the proposed rezone request under the State Environmental Policy Act (SEP A). The City prepared a Detennination of Non significance (DNS), dated August 16,2008, on the Comprehensive Plan amendment for the Fire Station #2 parcel. The City determined that the Comprehensive Plan amendment would have no impact on the environment. On October 24, 2008, the City adopted this DNS as the environmental document for the rezone 2 The Staff Analysis references the location as 5005 Arsenal Way. Lindsey Sehmel, City Long Range Planner, testified that the location would more accurately be referenced as 5005 West Arsenal W~y. Testimony of Ms. SehmeJ. 3 The subject property is identified by tax parcel number 162401-4-007-2004. Exhibit 3; Exhibit 12, Staff Report, page J. A legal description may be found in Exhibit 12, Staff Report, page 1. 4 Bremerton Municipal Code (BMe) 20.02.100 and BMC 20.02.110 permit combined notice of application and open record hearing. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BP08-0011O Page 2 of5 Exhibit A request. 5 The adopted DNS was not appealed. Exhibit 10; Exhibit 12, Staff Analysis, page 1. 4. The property is an approximately 1.4-acre triangle~shaped parcel bounded by Kitsap Way on the north, State Highway 3 on the west and West Arsenal Way running southwest to northeast of the subject property. Exhibit 6; Exhibit 12, Staff Analysis, page 1. Lindsey Sehmel, City Long Range Planner, testified that the project subject to the rezone request contains Fire Station No.2, which was constructed in the 1970s. Testimony of Ms. Sehmel. 5. The City Planning Commission recommended that the City Council change the City's comprehensive plan designation of the parcel from Transportation, Utilities and Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS) in order to meet Land Use (LU) goals by integrating edge areas in the planning of neighborhoods, provide for essential services, and improve pedestrian access to commercial services. Exhibit 1. In October, 2008 the City Council approved Ordinance No. 5062, effective October 30, 2008, which changed the comprehensive plan land use designation of the parcel from TUPF to PSRS. Exhibit 3. 6. Adjacent property to the east is currently designated PSRS under the City Comprehensive Plan. The area to the north across Kitsap Way is designated and zoned Freeway Commercial and contains a Dairy Queen and a Denny's. The area to the west and south across State Highway 3 is designated Public Sector Redevelopment Site\West Park SAP by the Comprehensive Plan and zoned Master Development - West Park Subarea Plan. Exhibit 6; Exhibit 12, Staff Analysis, page 1. 7. Zoning classifications must be consistent with City Comprehensive Plan land use designations. RCW Chapter 36. 70A; Bremerton Municipal Code (BMC) 20.40.170. Ms. Sehmel, testified that the parcel had mistakenly been zoned City Utility Land. The intent of the CUL zone is to preserve resource-related functions of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure healthy forest cover and provide habitat for wildlife. BMC 20.96.010. Under the City's land use code, a CUL zone is not allowed in the Comprehensive Plan's PSRS designation. Chapter BMC 20.40, Figure 20.40(b); Exhibit 4. Due to the City Council's Comprehensive Plan designation amendment of the parcel to PSRS, the current zoning is no longer consistent with the City's Comprehensive Plan. Exhibit 2. The intent of the Master Development zone is to provide large scale development by public entities that provide a clear community benefit and for innovative development meeting unique community needs. The MD zone is allowed in the Comprehensive Plan's PSRS designation. Testimony of Ms. Sehmel; Chapter BMC 20.40, Figure 20.40(b); BMC 20.80.010; Exhibit 4; Exhibit 12, Staff Analysis, page 2. 5 Adoption of existing environmental documents is done under the provisions of WAC 197-11-630. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BP08-00l10 Page 3 of5 Exhibit A 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. Bremerton Municipal Code (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: (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). Conclusions Based on Findings 1. The proposed rezone would be consistent with the City Comprehensive Plan. The City Council amended the Comprehensive Plan and changed the land use designation for the property at 5005 West Arsenal Way from Transportation, Utilities Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS). The parcel was previously zoned City Utility Land by mistake. This zoning designation is not allowed under the current Comprehensive Plan PSRS designation. The Applicant's request to change the zoning from CUL to Master Development (MD) would be consistent with the City Comprehensive Plan, as amended by the City Council. Findings 1-7. 2. 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 previously analyzed the environmental impact of amending the property's land use designation and issued a DNS as part of the Comprehensive Plan amendment process. The City determined that the proposed rezone would not have a probable significant adverse impact on the environment and adopted this existing DNS. The proposal would allow the continued use of Fire Station #2 in a zone that is consistent with the Comprehensive Plan. The continued presence of the fire station is important to the public health, safety and welfare of the surrounding community. Findings 1, 4, 6-7. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BP08-00110 Page 4 of5 Exhibit A 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. Proof of changed conditions is not required for a rezone if the proposed rezone implements policies contained in the comprehensive plan. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. I, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). The City Council detelmined that a change in the Comprehensive Plan designation from TUPT to PSFS for the parcel was necessary and in the public interest. As a res~lt, the parcel's existing land use zoning of CUL is no longer consistent with the Comprehensive Plan. The proposed zoning amendment from CUL to MD is necessary and in the public interest to bring the zoning district into compliance with the Comprehensive Plan designation. The intent of the Master Development zone is to provide large scale development by public entities that provide a clear community benefit and for innovative development meeting unique community needs. The MD zone is allowed in the Comprehensive Plan's PSRS designation. Findings 1, 5, 7. RECOMMENDATION Based on the preceding Findings and Conclusions, the Hearing Examiner recommends that the City Council GRANT the request to rezone 1.4 acres at 5005 West Arsenal Way from City Utility Lands (CUL) to Master Development (MD). Q-~ Recommended this t day of December 2008. r~~~~t?~~~ THEODORE PAUL HUNTER Hearing Examiner Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BPQ8-00110 Page 5 0/5 \ \: \'\ -----f - _____~:+ ..... .-' ~~ \ I f :'~~".<:':...3"; : t...,>,,;,.....,- ~'-''',''. I\~. 2008 Proposed Rezone and Map Amendment "'.' C.'i/JI::::;,;'.5 I~'\;:'-:\J,' 1,\\ ~I~( \ I 1(,:: ! ',,:" ',\ >'~i:,:j~;~: ;;"~;~1';'?'~\" '0..;1..>',":'. > \ ~/ ?~::6 >,i,':;'.: Ii:. \., ,~-'~ I ;,; \ D I~ f i:i '~':":.,:.:' ~:',-! . ':~ ' .; )'s~~,;:; tj ,~,~ L [ J. I:::..::.::, :.<" '.;:', :;.;:;::;:: 17 ,', ~lB; ,\,j~ ,--' i I' ,: ", :::{;:;"";::::~~~ ~ Proposal \(:~ \'~ J', '" ,::!~:i:/ ~'::.;:;5:.'j :; ':: ~ ~",] ~~~~ ~ U' ?1~_ll/"'~L I\'T -:/';,.,.,'/: (;/.i: ~,<:;<"j}:, .). -.,j.:,>y ,( ~~:~~ ,';'1",. \ I \~;.,:"~;:.;,. /,....':-e::';c, :~. /.) I,~ \ -11" ~(1I ~\:?, ". . i'~"~'1i~':;i~c~j r\ \~ ~it;'-":~;fi:';, , I \ ~ '\(" I J. 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AFFlDA VIT OF PUBLICATION Account # 42742 Ad # 243985 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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 date, to wit: January 27, 2009 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged fot the foregoing publication is the sum of$48.38. The amount has not been paid in full. ~MV. /! (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 2,2009. Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5073 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for a total of 1.4 acres covering one tax parcel located at 5005 Arsenal Way from City Utility Land (CUL) to Master Development (MD), to establish zoning that is consistent with the 2008 Comprehensive Plan Amendment Docket (Ord. 5062) that amended the subject site's land use designation from Transportation, Utilities and Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS). PASSED by the City Council the 21st day of January, 2009 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. JANUARY 27, 2009.....................AD #20082415