HomeMy WebLinkAbout5104 ORDINANCE NO 5 I o 4
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Official Zoning Map for a
total of 6.5 acres covering ten tax parcels located north of Kitsap
Way, in the general vicinity of the Red Apple Market, from
Neighborhood Business (NB) to Limited Commercial (LC), to
establish zoning that is consistent with the 2009 Comprehensive Plan
Amendment Docket (Ord. 5094) that amended the subject site's land
use designation from Neighborhood Business (NB} to Limited
Commercial (LC).
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 parcels located north
of Kitsap Way, in the general vicinity of the Red Apple Market; and
WHEREAS, on August 31, 2009 a SEPA DNS was issued for the Compreherisive
Plan Amendment docket with an administrative appeal deadline of September 15, 2009 and no
appeals were filed; and
WHEREAS, on September 15, 2009 the Bremerton Planning Commission held a
public hearing and made recommendation to City Council for approval of the Comprehensive
Plan land use change from Neighborhood Business (NB) to Limited Commercial (LC) for the ten
parcels located north of Kitsap Way, in the general vicinity of the Red Apple Market; and
WHEREAS, on November 4, 2009 City Council held a Public Hearing, and
adopted Ordinance No. 5094 adopting the 2009 Comprehensive Plan Amendment Docket which
included the land use change of 6.5 acres located north of Kitsap Way, in the general vicinity of
the Red Apple Market to LC; and
WHEREAS, on December 8, 2009 a Notice of Adoption of Existing
Environmental Documents was filed 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 2009 Comprehensive Plan amendment docket was sufficient for this proposed rezone action;
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
Consistenc�' table in Figure 20.40(b) lists one zoning district that is consistent with the LC land
use designation, which is Limited Commercial (LC); and
1
2010 Zoning Map Amendment
WHEREAS, the current zoning of the site of Neighborhood Business (NB) is not
consistent with the land use map and the proposed rezone to Limited Commercial (LC) 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 6.5 acres at parcels located north of Kitsap Way, in the
general vicinity of the Red Apple Market was submitted by staff to the City on December 2,
2009; and
WHEREAS, site specific rezones are a Type N decision requiring the Hearing
Examiner to hold an open record hearing and provide a recommendation to the City Council; and
WHEREAS, on December 19, 2009 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 January 25, 2010 the Hearing Examiner conducted an open record
public hearing on the rezone to change the designation of 6.5 acres at parcels located north of
Kitsap Way, in the general vicinity of the Red Apple Market from Neighborhood Business (NB)
to Limited Commercial (LC); and
WHEREAS on February 4, 2010 the Hearing Examiner issued findings,
conclusions, and recommendation to rezone the subject property to LC; and
WHEREAS, on March 3, 2010 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 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
of 6.5 acres of land parcels located north of Kitsap Way (Parcel Nos. 082401-4-035-2000,
082401-4-071-2005, 082401-4-034-2001, 082401-4-075-2001, 082401-4-037-2008, 082401-4-
076-2000, 082401-4-039-2006, 3765-000-013-0004, 3765-000-014-0201, 082401-4-070-2006),
in the general vicinity of the Red Apple Market from Neighborhood Business (NB) to Limited
Commercial (LC) 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
2
2010 Zoning Map Amendment
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. Eff'ective 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 �--�� day of , 2010
, ouncil President
Approved this �_ day of _�� 1L , 20 0
�
PATTY T, Mayor
ATTEST: APPROVED AS TO FORM:
,
,� �
CAROL TGEN, City Clerk GE . , City Attorne
PUBLISHED the� day of _, 2010
EFFECTNE the_1�day of , 2010
ORDINANCE NO. �i� � ,
3
2010 Zoning Map AmendmeHt
r----
i
j EXHIBIT A '�
; �
� r2ECETVED
City of J
FEB 0 5 2010
Deparm�ent or
Cammunity Develop�nent
' BEF012.� THE HEARING EXAMINER
FQR THE CITY OF I3RL<`MERTON
In the Matter of the Application of ) No. BP09 00086
)
City of Bremerton ) Kitsap Way Rezone
)
) FINDINGS, CONCLUSIONS,
For Approval of a Rezo�le ) RECOMMENDATION
SUMMARY
The Hearing Examiner recon�mends that the request to rezone 10 parcels north of Kitsap Way
and Harlow Drive in Bremerton, WasI�ington, from Neighborhood Business to Linnited
Commercial, be GRANTED.
SUMMARY OF RECORD
Reguest:
Lindsey Sehmel, on behalf of the City of Bremcrton Department of Community Development
requests a rezone Qf 10 parcels north of Kitsap Way and Harlow Drive in Bremerton,
Washington from Neigliborhood Business to Limited Commercial.
Hearin� Date
The City of Bremerton I�earing �xaininer held an open record hearing on the request on January
25, 2010.
Testimonv
The following individual prese��ted testimony under oath at the ope�i record hearing:
Lit;dsey Sehmel, City Long Range Planner
Cxhibits �
The following exhibits were admitted into tl�e record:
1. Planning Commission Pindings of Fact & Conclusion, dated September I 5, 2009
2. City of Bretnerton Ordinance 5094; and Department of Community Development
Memorandum from Lii�dsey Sebmcl to City Cauncil, dated October 21, 2009, with 2009 ,
Comp Plan Amendmetlts- Exhibit G
3. Rezone Application, undated
Frndings, Cvnc/usions, and Recon:mendulivn
City of 13reme�•ton Hearing �za�rainer•
Kitsap IYay Rezone, Nu. BPO> 00086
Page 1 q�'S
4. BMC — Con�prehensive Plan / Zo�iing Consistency Table, Figure 20.40(b)
5. Proposed Zone Reclassif cation — Pile # BT'09 00086, map created December 1, 2009
b. Aerial Photv Map, with parcel legal descriptions, undated
7. City of IIremerton Official Land Use Map, map created November I7, 2009
$. SEPA Naticc of Adoption of Existing Environnnental Documents, dated December 8,
2009
9. Integrated Notice of Application and Public Hearing, dated Decetnber 14, 2009, and
mailing addresses
1 Q. Af�davit of Posting on December 17, 2009; I,etter from City Planner to 7'he .Sun, dated
Dece�nber 14, 2009; and published Notice of Applicaiion ax�d Notice of Public Hearing,
pubIished Decembcr 19, 2009, in The .Sun.
1 l. Staff Analysis & Conclusion, undated
12. Letter from John Symington to City Council an.d Planning Departanent, received by City
on January 25, 2010
The I3earing Examiner ex�te�•s the following rindings and Conclusions based upon the testimony
and exhibits admitted ai the open record hearin�;:
FINDINGS
1. Lindsey Sehmel, on behalf of the City of Bremerton Department of Co�nn�unity
Developme�at (Applicant), requests a rezoiie of 10 parcels north of Kitsap Way
and Harlow Drive from Nei�hborhood Business to Limited Commercial in
Bremerton, Washington.� Exhibit 3; Exhibit 11, StaffAnaly.sis, page 1.
2. The City of Bi•emerton (City) dete�•n�ined the application was complete on Uecember 2,
2009. Oxi Deeen�ber 19, 2Q09, tl�e City gave combined notice of the application and the
open record hearing associated with the application by mailing notice to all owners of
real property within 300 feet of the subject property, and by posti�ig the combined notice
on the subject property. The City published notice of the public hearing in the Kitsup
Sun on Dcceinber 19, 2049. Txhibit �; Lxhibit 10; Exhihit 11, Staff.4naly.sis, page 2;
Testimony of Ms. Sehmel.
3. The City acted as lead agency and analyzed the environmentai impact of the proposed
rezone request under the State Eilvironmental Policy tAet (SEPt�). The City prepared a
' The subject prope��ty is idei�tified by tax parcel nu���bers 082401-4-035-2000, 082401-4-07t-2005,
082401-4-034-2001, 082401-4-075-2601, 082401-4-037-2008, 082401-4-076-2000, 08240i-4-039-2006,
37b5-000-OI3-0004, 37G5-000-Q14-0201, 08240t-4-0'70-20006. Exhibit 10. A legal description may be
found in Exl�ibil6.
2 Bremerton Municipal Code (BMC) 20,02. i00 and BMC 20.02.110 permit combined notice of application �
and open record hearing,
Findirrgs, Conclusivns, and Reconm�endalron
City ofl3remerlon Hearing Cxan�ii��r
Kitsap Way Rezune, No. BP09 OOOd'6
Pa�e 2 of S
Determination of Nonsignif cance (DNS), dated August 31, 2009, as part of the City's
2009 Annual Comprehe��sive Plan amendments. The City determined that the
Comprehensive Plai� anzendment for pa�•cel located north of Kitsap Way would have no
significant impacts on ihe environuient. On December 8, 2009, the City adopted this
DNS as the environmentaI document for the rezone request. Exhibit 8; Exhibit .11, Staff
Analysis; page 1; Testimony of Ms. Sehrnel.
4. Current use of the land includes retail use in parcel 1, residential use in parcel 2, a singie
family Izome in pa�•cel 3, retaii and offiee space in parcels 4 and 5, comxnercial use in
parcel6, engii�e repair in parcel7, Red Apple Grocery in parcel8, Romeo's Restaurant .
and Bar in parcel 9, and undeveloped land in parcel 10. Some of these properties may be
non-conforming under the current zonin� desi�iaations. Some property owners expressed
concerns about this. If the land were re-zoned to LC, all propei•ties would be conforming.
Exhibit 6; Exhibit 12; Teslimvny ofMs. Sehmel. Adjacent property to the east and north
of the land is cur�•ently designated Indust�•ial Park (II'} under the City Comprehensive
Plan. The area to the south across Kitsap Way and Chico Way NW is designated and
zoned NB and R-10 Low llensity Residential. The arca to the west is outside of
Bremerton city Iimits. Surroundiilg land uses include coffee shops, hair salons, Puget
Sound Energy, and residential uses. Exhibit S; �'estimvny of Ms. Sehmel; Exhibit 11,
Slaff Analysi.s, page 1.
5. Zoning classifications nnust be consistent with City Comprehensive Plan land use
desi�;nations. RCW C"hapter 3b.70A; 13remertvn Municipal Code (13MC') 20.40.170. The
Cily mistakenly changed the land use designation of the ten parcels from General
Business (GB} to Neighborhood Business (NB) during the 2004 Cornprehensive Plan
update cycle. The dcsi�;nation should have been changed to Limited Commercial (LC)
during the 2004 Comprehensive Plan update eycle. The intent of the LC zone is to
recognize the cocnmunity's existing general eommercial districts outside the designations
boundaries of centers on lots zoned GB in the City. 13MC 20.84.010. Exhibit 2; lxhibit
11, .StaffAnadysis, pages 1 and 2; Teslimony of Ms. Sehn�el.
6. The City Council changed the designation of the parcels from NB to LC during the 2009
Comprehensive Plan Amendmeirt Gycle, as recommended by the City Plannin�;
Commission. As a result, il�e parcels' current NB zoning is now non-compliant with the
Compz•el�.ensive Plan Iand usc designation of LC. ExhiBit 1; Exhibit 2; Exhihit 4; Exhibit
11, StaffAnalysis, puge 2; TestifnonyofM.s. .Sehmel.
3 Adoption of existisig environmental documents is authorized under the provisions of WAC 197-1 i-630.
4 On November 4, 200R, the City Council approved Ordinance No. 5094, effective November 14, 2009,
changing the comprehensive ptan land use designation of the parcels fi�om NB to LC.
Findings, Conclusians, and Recanmendallvrt
City of I3renrerron Hear�ing Exmniner
JC'i�sap Wa�� Rezone, No. BI'09 00086
Page 3 of 5
CONCLUSIONS
Jurisdiction
The Hearing �xaminer has auihority to conduct an open record hearin�; on a rezone request and
to issue a recommendation on the request to the Bremerton City Council. Bremerton Municipad
Code (13MC) 2.13.070; BMC 2.13.080(3); 13MC Chapte►• 20. 02, Table 040.
Criteria for Review
The Hearing Examiner holds the open record hearing on the i•ezone request and provides a
recornmendation to the City Council. BMC Chapter 20.02, Table 040; 13MC 20.58.040(b). The
City may grant a site-specific rezone only if it �nds that:
(1) The rezone is consistent with the Coznpreliensive I'lan;
(2} The rezone will advance the public health, safeiy, or welfare, and will not have
adverse in�pacts on adjacent properties;
(3) The rezone is necessary because either:
(i} Conditions in the immediate vicinity or neighborhood have so markedly
ehanged that it is in th� public interest to approve the rezone; or
(ii) The rezone will correct a zone classification ar zone boundary that was
inappropriate when established; and
(4) The rezonc is in the public intcrest. ,
BMC 20.58.040(d).
Conclusions Based on Findin�s
1. Thc proposed re•r.one would be consistent witli the City Cornprehensive P[an. The
City Council annended the Comprehensive Plan and changed the land use designation for
the property from Neighborhood Business (NB) to Limited Coznmercial {LC). The
parcel was zoned NB by mistake—this zoning designation is not allowed under the
currea�t Compreliensive I'lan. The Applicant's request to change the zoning from NB to
LC would be consistent with the City Compreliensive Plan, as anne�lded by the City
CounciI. I'indin.gs 4-6.
2. The �roposed rezone would advance the public health, safety, or weIfare, and would
not have adverse impacts on adjacent properties. Tlle City provided adequate puhlic
notice and opportunity for comment oi� the rerone request. The City previously analyzed
the environmental irz�pact of amending the propei�,y'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 liave a probable significant adverse impact on the
environment and adopted this existing llNS. The px•oposed I,imited Commercial zone is
apgropriate for these parcels and would not interfere witiz adjacent properties. Findrngs
2-3.
1'indings, Conclusiar,s, u�7d Recvmnaendativn �
Crty ofliremerton Ifeciring L•'xaminer
Kitsap Way Rezvne, Nv. l3P09 00086
Page 4 of S
3. � The proposed rezone is necessary because the rezone wilt correct a zone
classification that was inappropriate when established. 1'roof 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. T, 1995);
Hendersan u Kittitas County, 124 Wn. App. 747 (Div. III, 2004). The City Council �
determined that a change in the Comprehensive Plan designation from NB to LC for the
parcel was necessary and in the public interest. As a result, each parcel's existing land
use zoning of NB is no Ivnger cansistent with tl�e Comprehensive Plan. Findings 4-6.
4. The proposed rezone is in the public interest. The praposed zoning amendment frt�m
NB ta LC is necessary and in the public interest to bring the zoning dis�rict into
compliance with the Comprehensive Plan designation. Findings 4-6.
RECOMMENDATION
Based on the Hearing Examiner recommends that the request to rezone 10 parcels north of
Kitsap Way and Harlow Drive in Iirernerton, Washingtan, from Neighborhood Business to
Limited Commercial, be GRANTED.
".�
Recommended this � day of February 2010.
���
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center
Findings, Corrclusions, and Recommendatian
City of Bremerton Hearing Examiner
Kitsap Way Rezo»e, No. BP09 00086
Page S oj5
Exhibit 6
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•
AFFIDAVIT OF PUBLICATION
Account # 42742 AD# 258351
STATE 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 an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A
March 8, 2010 that such newspaper was regularly distributed to its subscribers during all of said period.
The full amount of the fee charged for the foregoing publicatio is the sum of $48.38. This amount has not
been paid in full. A4 a 0 b
(Signature of Principal Clerk)
Subscribed and sworn to before me this day f March 30, 2010. .,�0p,1Nnn
�►i,
y .• y M �+Ip a,
- •• �• ��►
OTAR 1
hA
Notary Public in and for the State of Washington, Kitsap Coun y. _ jfJl 8 Q01iZ Zg
:
ORDINANCE NO. 5104 �'' OF Wp 1 ,1 , •1 0
0401 18111111 1 %
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official
Zoning Map for a total of 6.5 acres covering ten tax parcels located north of Kitsap Way, in the general
vicinity of the Red Apple Market, from Neighborhood Business (NB) to Limited Commercial (LC), to
establish zoning that is consistent with the 2009 Comprehensive Plan Amendment Docket (Ord. 5094) that
amended the subject site's land use designation from Neighborhood Business (NB) to Limited Commercial
(LC).
PASSED by the City Council the 3rd day of March, 2010
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
March 8, 2010 .............................Ad #20097993