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Home My WebLink About5212 ORDINANCE NO. 5212 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for three tax parcels located at 1008, 1016, and 1018 Burwell Street from Low Density Residential (R10) to Warren Avenue Corridor (WC), to establish zoning that is consistent with the 2012 Comprehensive Plan Amendment Docket (Ord 5202) 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 subject parcels located on Burwell, and WHEREAS, on October 4, 2012 a SEPA DNS was issued for the Comprehensive Plan Amendment docket with an administrative appeal deadline of October 18, 2012 and no appeals were filed, and WHEREAS, on October 9, 2012 the Bremerton Planning Commission held a public hearing and made recommendation to City Council for approval of the Comprehensive Plan land use change from Low Density Residential (R10) to Downtown Regional Area Subarea Plan for the three subject parcels located at 1008, 1016 and 1018 Burwell Street, and WHEREAS, on December 5, 2012 City Council held a Public Hearing, and adopted Ordinance No 5202 adopting the 2012 Comprehensive Plan Amendment Docket which included the land use change of the subject parcels consisting of 0 49 acres located on Burwell Street to the Downtown Regional Area Subarea Plan, and WHEREAS, pursuant to Bremerton Municipal Code 20 40 170 City's zoning designations are required to be fully consistent with underlying Comprehensive Plan land use designations, and WHEREAS, the current zoning of the site of Low Density Residential (R10) is not consistent with the land use map and the proposed rezone to Warren Avenue Corridor within the Downtown Regional Subarea Plan brings the site into conformance with the Comprehensive Plan land use map and is consistent BMC 20 40 170, and WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20 02 specifies procedures for rezone applications by property owners, and a complete application for the rezone of 1008, 1016 and 1018 Burwell was submitted to the City on January 2, 2013, and WHEREAS, on January 31, 2013 a Notice of Adoption of Existing Environmental Documents was filed with the Washington State Department of Ecology under the provisions of 1 2013 Zoning Map Amendment WAC 197 -11 -630 indicating that the environmental record that was created for the 2012 Comprehensive Plan amendment docket was sufficient for this proposed rezone action, 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 January 16, 2013 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 February 25, 2013 the Hearing Examiner conducted an open record public hearing on the rezone to change the designation 1008, 1016 and 1018 Burwell Street from Low Density Residential (R10) to Warren Avenue Corridor (WC), and WHEREAS, on February 28, 2013 the Hearing Examiner issued fmdmgs, conclusions, and recommendation to rezone the subject property to WC, and WHEREAS, on March 15, 2013 the public was notified by legal advertisement in the Kitsap Sun for a closed record public hearing for the proposed rezone, and WHEREAS, on April 3, 2013 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. Recitals Incorporated The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein SECTION Z 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 3. The Official Zoning Map is hereby amended to change the zoning of 1008, 1016 and 1018 Burwell Street (Parcel Nos 3718- 022 - 016 -0003, 3718 - 022 - 012 -0007, and 3718 - 022 - 014 -0005) from Low Density Residential (R10) to Warren Avenue Corridor (WC) more particularly depicted in Exhibit B SECTION 4. Severabih 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 tlus ordinance Provided however, that if any provision of tlus ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of tlus ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted 2 2013 Zoning Map Amendment SECTION 5. 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 ' day of Iri , 2013 GREG WilffELER, Council President Approved this 3 day of AWL , 2 13 PATTY L�11 Vayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the -5� day of A � ? f7 , 2013 EFFECTIVE the day of /'i 5 2013 ORDINANCE NO /07 R \Legal\Legal \Ordmances \Community Development\2013 Zonmg Map Amendment doc 3 2013 Zoning Map Amendment BEFORE THE HEARING EXAMINER FOR THE CITY OF BREMERTON In the Mattel of the Application of ) No BPI 00001 Rice Fergus Miller ) Burwell Street Rezone FINDINGS, CONCLUSIONS, Foi Approval of a Rezone Request ) RECOMMENDATION SUMMARY The I-Ieaung Examinei recommends that the request to rezone three parcels located at 1008, 1016, and 1018 Burwell Street in Biemei ton, Washington, fiom Low Density Residential to Wanen Avenue Corridor, be APPROVED SUMMARY OF RECORD Healing Date The City of Bremei ton Heaimg Examinei held an open record heaung on the request on February 25, 2013 restimony The following individual presented testimony under oath at the open iccoid healing Allison Daniels, City Plannei Ronald Easterday, Architect, Applicant Repiesentative Gloria Mellon, Citizen Exhibits The following exhibits were admitted into the record I Rezone Application, dated January 2, 2013 2 Section of City Zoning Map, dated January 2, 2013 3 Section of Downtown Regional Centei, dated January 2, 2013 4 Deteimmation of Completeness, January 16, 2013 5 Notice of Application and SEPA Deteimmation with Declaration of Posting, Mailing and Affidavit of Publication, January 16, 2013 6 Adoption of Existing Environmental Documents and cover letter, January 31, 2013 7 Staff Analysis, dated February 11, 2013 The Hearing Examinei enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing Findings, Conclusions, and Recommendation City of Bi emei ton Hew ing Examinei Bin well Sti eet Rezone, No BPI 00001 Page 1 of 4 I FINDINGS 1 Rice Feigus Miller (Applicant) requests a rezone from R -10 (Low Density Residential) to WC (Warren Avenue Coriidot) of three parcels located at 1008, 1016, and 1018 Burwell Street in Bremerton, Washington i Exhibit 1, Exhibit 7, Staff A nalys is 2 The City of Bremerton (City) deteimmed the application was complete on January 16, 2013 On January 16, 2013, the City gave combined notice of the application and the open record hearing by marling notice to all owners of real property within 300 feet of the subject property, and by posting the combined notice on the subject property, and by publication in the Kityap Sun 2 Exhibit 4, Exhibit 5, Testimony of Allison Daniels 3 The City acted as lead agency and analyzed the environmental impact of the proposed rezone request under the State Environmental Policy Act (SEPA) The City previously had conducted environmental review of this area as part of the City's 2012 Annual Comprehensive Plan amendments This environmental ieview resulted in the issuance of a Determination of Nonsrgrnificance dated October 4, 2012 The City detei mined that the Comprehensive Plan amendment for parcel located noith of Kitsap Way would have no significant impacts on the environment On January 31, 2013, the City adopted this DNS as the environmental review document and threshold determination for this rezone request 3 Exhibit 6, Exhibit 7, Staff Analysis 4 Current use of the land includes a surface pay parking lot and a vacated multt- family structure that is over 70 years old Surrounding property use includes parking lots to the north and east, multi - family housing to the west, and a Police Station and multi - family housing to the south Zoning designations include R -10 to the north and west, WC to the east, and LC to the south Exhibit 7, Staff Analysis, pages I and 2 5 The City Council approved a change in the subject property Comprehensive Plan designation from Low Density Residential to Downtown Regional Center on December 19, 2012 (Ordinance No 5202) as part of the 2012 Annual Comprehensive Plan Amendments It was understood by the City Council at the time that zoning classifications must be consistent with City Comprehensive Plan land use designations, but there was not sufficient time to process the zoning change at the time that the changes to the Comprehensive Plan were adopted See, RCW Chapter 36 70A, Bremerton Municipal Code (BMC) 20 40170 The intent of the proposed rezone is to change the 1 The subject pioperty is identified by tax parcel numbers 3718- 022 -016 -0003, 3718- 022 -012 -0007, and 3718 -022- 014 -0005 A legal desci iption may be found in the staff report Exhibit 7, Stalj°Analysis, page 2 Bienerton Municipal Code (BMC) 20 02 100 and BMC 20 02 110 peimit combined notice of application and open iecoid heating ' Adoption of existing environmental documents is authorized under the provisions of WAC 197-11-630 Findings, Conclusions, and Recommendation Coy of Lai emei ton Hear rng Examiner Burwell Sti eel Rezone, No BP13 00001 Page 2 of 4 zoning of the parcels to a designation consistent with the Comprehensive Plan Exhibit 2, Exhibit 1, Statement ofApplicant, Exhibit 7, StaffAnalyvis, pages 1 and 2, Testimony of Allison Daniels and Ronald Easter day 6 Ms Gloria Mellon, a real estate agent and owner of property in the vicinity of the proposed rezone, appealed at the open record healing She testified in support of the rezone request by noting that the property presently is unattractive and that a rezone would facilitate positive developments in the area of Warren and Burwell MI Ronald Easterday testified on behalf of his client and property owner of the parcels proposed for rezone, Diamond Paiking He stated that development plans were moving forward but could not be specific about exactly what development may occur as many variables will impact development decisions He testified that he agreed with the analysis of the City, and urged approval of the request Testimony of Gloria Mellon and Ronald E cis terday CONCLUSIONS Jurisdiction The hearing Examiner has authoiity to conduct an open iecoid hearing on a rezone request and to issue a recommendation on the request to the Bremerton City Council Bremerton Municipal Code (BMC) 213 070, BMC 2 13 080(3), BMC Chapter 20 02, Table 040 Criteria foi Review The Heaiing Examiner holds the open record hearing on the ietone request and provides a recommendation to the City Council Chapter 20 02 BMC, "fable 040, BMC 20 58 040(b) 1 he City may giant 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 erthei (1) Conditions in the immediate vicinity of neighborhood have so markedly changed that it is in the public interest to approve the rezone, of (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 endings 1. The proposed rezone would be consistent with the City Comprehensive flan. The City Council amended the land use designation fi om Low Density Residential to Downtown Regional Center as part of the 2012 Annual Comprehensive Plan process The parcels that are the subject property of this rezone request retained a zoning of Low Density Residential merely because there was not sufficient time to process a rezone at the time the amendments were made to the Comprehensive Plan The Applicant's request to change the zoning fiom R -10 (Low Density Residential) to WC (Warren Findings, Conclusions, and Recommendation City of Bi emerton Hearing Caanunei Burwell Street Rezone, No BPI 00001 Page 3 of 4 Avenue Corirdoi) would be consistent with the City Comprehensive Plan, as amended by the City Council in 2012 Findings 1 and S 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 proposed iezoine fiom R -10 (Low Density Residential) to WC (Warren Avenue Couidoi) is appropirate for these parcels and would not interfere with adjacent properties The rezone would facilitate positive development in the area Findings 3- 5 3. The proposed rezone is necessary because the rezone will correct a zone classification that is inconsistent with the Comprehensive Plan. Proof of changed conditions is not iequiied for a rezone if the proposed rezone implements policies contained in the comprehensive plan. Blarnson v Kasap County, 78 Wn App 840 (Div I, 1995), Henderson v Kittitas County, 124 Wn App 747 (Div III, 2004) The City Council determined that a change in the Comprehensive Plan designation fiom R- 10 (Low Density Residential) to WC (Warren Avenue Corridoi) for the parcels that aie the subject piopeity for this request will implement the Comprehensive Plan with appiopiiate development regulations as required by the Growth Management Act Findings 1 -5 4. The proposed rezone is in the public interest. The proposed zoning amendment fiom R -10 (Low Density Residential) to WC (Warren Avenue Corridor) is in the public intciest to bung the zoning district into compliance with the Comprehensive Plan designation Findings 1 -6 RECOMMENDATION Based on the findings and conclusions above, the Heaiing Examiner recommends that the request to rezone three parcels located at 1008, 1016, and 1018 Burwell Street in Bremerton, Washington, from R -10 (Low Density Residential) to WC (Warren Avenue Corridor), be APPROVED Recommended this 28 "' day of February 2013 THEODORE PAUL HUNTER Hear mg Examiner Sound Law Center Findings, Conclusions, and Recommendation City of Bi emerwn Nearing Examiner Burivell So eel Rezone, No BPI 00001 Page 4 of 4 Exhibit B Land Use D esignations ....... Sub Area Extension ! e • i Land Use Map ` .........: . . i • One and Two -family Residential (R 20) _ y t� _ _ _ _I � I f of Y • _ _ �' Multi -family i - ! ¢ q ' Residential I (MR I) RN K Multi -family Residential 2 CIA (MR2) OEM ,- � Pedestrian-Oriented � +a - u-� -- -' - �' � INIanefte Mixed -Use (POMU) ~ Western Harbor • Employment Distract (E 6th .... _ I 111114 t I Sth Warren Avenue Cori lilt (WC) 4th__ Burwell r Downtown Core _ ' - PSNIS SUBJECT v 2nd PARCELS Downtown Waterfront C 1st (Dw) 3 a v Park (P) ¢ v ® Subject parcels for proposed change °` Ferry to downtown sub -area plan and be redesignated Warren Avenue Corridor (WC) AFFIDAVIT OF PUBLICATION Account #42742 AD# 20132471 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, 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 KTTSAP 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 And on April 5, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $39 86 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 12, 2013 Notary Public in and for the State of Washington, Kitsap County NOTARY PUBLIC �i STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expires July 08, 2016 ORDINANCE NO 5212 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for three tax parcels loacted at 1008, 1016, and 1018 Burwell Street from Low Density Residential (R10) to Warren Avenue Corridor (WC), to establish zoning that is consistent with the 2012 Comprehensive Plan Amendment Docket (Ord 5202) PASSED by the City Council on the 3rd day of April, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 April 5, 2013 Ad# 20132471