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Home My WebLink About5248 ORDINANCE NO. 5248 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for two tax parcels located approximately at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane (Parcel Nos.: 282401 -1- 085 -2001 and 282401 -1- 086 -2000) from Industrial Park (IP) to Low Density Residential (R10), to establish zoning that is consistent with the 2013 Comprehensive Plan Amendment Docket (Ord. 5223). 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 3rd Avenue West and Sinclair Way /West Sunn Fjord Lane; and WHEREAS, on August 21, 2013 a SEPA DNS was issued for the Comprehensive Plan Amendment docket with an administrative appeal deadline of September 18, 2013, and a SEPA addendum was issued on October 4, 2013, and one appeal was filed on September 18, 2013 and was withdrawn on October 4, 2013; and WHEREAS, on September 17, 2013 the Bremerton Planning Commission held a public hearing and continued the hearing to October 15, 2013. On October 15, 2013 the Planning Commission continued the public hearing and made recommendation to City Council for approval of the Comprehensive Plan land use change from Industrial Park (IP) to Low Density Residential (R10) for the two subject parcels of Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000; and WHEREAS, on November 20, 2013 City Council held a Public Hearing, and adopted Ordinance No. 5223 adopting the 2013 Comprehensive Plan Amendment Docket which included the land use change of the subject parcels consisting of 36 acres located on 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane from Industrial Park to Low Density Residential; 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 Industrial Park (IP) is not consistent with the land use map and the proposed rezone to Low Density Residential (R -10) brings the site into conformance with the Comprehensive Plan land use map and is consistent BMC 20.40.170; and 1 2014 Rezone 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 Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000 and was submitted to the City on January 30, 2014; and WHEREAS, on March 11, 2014 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 2013 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 February 25, 2014 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 March 24, 2014 the Hearing Examiner conducted an open record public hearing on the rezone to change the two parcels with Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000 from Industrial Park (IP) to Low Density Residential (R 10); and WHEREAS, on April 1, 2014 the Hearing Examiner issued findings, conclusions, and recommendation to rezone the subject property to WC; and WHEREAS, on April 16, 2014 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 2. 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 3rd Avenue West and Sinclair Way /West Sunn Fjord Lane (Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000) from Industrial Park (IP) to Low Density Residential (R10) more particularly depicted in Exhibit B. SECTION 4. Severability 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 2 2014 Rezone 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 S. 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 I (% day of Yi ' 2014 GRE HEELER, Council President Approved this day of 1'1 / , 2014 PATTY LE ayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk RO ER A. LUBOVICH—,£ity =iitt tri y Q? /J _ PUBLISHED the day of f—t Obi I , 2014 EFFECTIVE the of , 2014 ORDINANCE NO. Ta? R: \Legal\Legal \Ordinances \Community Development\2014 Rezone Ordinance.doc 3 2014 Rezone Exhibit A BEFORE THE HEARING EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of ) No. BP14 00006 Elizabeth Wilson, on behalf of ) Fjord Lane Rezone West Hills Development, LLC ) FINDINGS, CONCLUSIONS, For Approval of a Rezone Reguest ) AND RECOMMENDATION SUMMARY The Hearing Examiner recommends that the request to rezone two parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane, from Industrial Park to Low Density Residential, be APPROVED. SUMMARY OF RECORD Hearing Date The City of Bremerton Hearing Examiner held an open record hearing on the request on March 24, 2014. Testimony The following individuals presented testimony under oath at the open record hearing: Allison Satter, City Senior Planner John Rose, President for Olympic Property Group (OPG), Applicant Representative Exhibits The following exhibits were admitted into the record: 1. Rezone Application, dated January 30, 2014 2. Section of City Zoning Map 3. Determination of Completeness, February 21, 2014 4. Notice of Application and Hearing; with Declaration of Posting, dated February 25, 2014; Declaration of Mailing, dated February 25, 2014, with mailing labels; Affidavit of Publication, dated February 27, 2014, with Kitsap Sun legal notice, published February 25, 2014 5. Adoption of Existing Environmental Document, dated March 11, 2014; Determination of Nonsignificance, dated August 21, 2013; Notice of SEPA Addendum to Determination of Nonsignificance, dated October 4,2013 6. Staff Report & Analysis, dated March 18, 2014 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP14 00006 Page 1 of 4 Exhibit A FINDINGS .1. Elizabeth Wilson, on behalf of West Hills Development, LLC (Applicant), requests a rezone from Industrial Park (IP) to Low Density Residential (R -10) of two parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane. 1 West Hills Development, LLC is owned by Olympic Property Group. Exhibit 1; Exhibit 6, Staff Report & Analysis. 2. The City of Bremerton (City) determined the application was complete on February 21, 2014. On February 25, 2014, the City gave combined notice of the application and the open record hearing by mailing 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 Kitsap Sun. Exhibit 4. 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 a site specific 2013 Comprehensive Plan amendment. The City reviewed an environmental checklist and other information on file with the lead agency. This environmental review resulted in the issuance of a Determination of Nonsignificance (DNS), dated August 13, 2013. The City determined that the Comprehensive Plan amendment would have no significant impacts on the environment. On October 13, 2013, the City issued a Notice of SEPA Addendum to Determination of Nonsignificance clarifying that the West Hills Development Agreement no longer applies to the subject parcels. On March 11, 2014, the City adopted the DNS and Addendum as the environmental review document and threshold determination for this rezone request. Exhibit 5; Exhibit 6, Staff Report & Analysis, page 3. 4. Much of the land in the general area that includes the subject property is underdeveloped or undeveloped. Surrounding property use includes industrial areas to the north, east, and west, residential areas to the east and south, and undeveloped areas to the east, south, and west. Surrounding zoning designations include IF to the north; R -10, Urban Medium Residential (UMR) and Industrial (I) to the east; UMR and Urban Reserve (UR) to the south, and R -10 and IP to the west. Exhibit 6, StaffAnalysis, pages 2 - 4; Exhibit 2. 5. The subject property was changed from Industrial Park designation to Low Density Residential designation in the 2013 Annual Comprehensive Plan Amendments process, as approved by Bremerton City Council on November 20, 2013. The current zoning 1 The subject properly is identified by tax parcel numbers 282401 -1- 085 -2001 and 282401 -1- 086 -2000. A legal description may be found in the staff report. Exhibit 6, Staff Report & Analysis, page 1. Z Bremerton Municipal Code (BMQ 20.02. 100 and BMC 20.02. l 10 permit combined notice of application and open record hearing. 3 Adoption of existing environmental documents is authorized under the provisions of WAC 197 -11 -630. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP14 00006 Page 2 of 4 Exhibit A classification of Industrial Park is inconsistent with the Comprehensive Plan. See, RCW Chapter 36.70A; Bremerton Municipal Code (BMC) 20.40.170. The intent of the proposed rezone is to change the zoning of the parcels to a designation consistent with the Comprehensive Plan. Exhibit 6, Staff Analysis, page 3 and 4; 'Testimony of Allison Satter. 6. Mr. John Rose testified that he supports the rezone and that the company he represents plans to sell the property. Mr. Rose stated that, although the property was saleable as property in an industrial zone, he believes it will be more marketable as property in a residential zone. Testimony of John Rose. 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. Chapter 20.02 BMC, Table 040; BMC 20.5& 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 land use designation from Industrial Park to Low Density Residential as part of the 2013 Annual Comprehensive Plan Amendments process. The Applicant's request to change the zoning from IP (Industrial Park) to R -10 (Low Density Residential) would be consistent with the City Comprehensive Plan, as amended by the City Council in 2013. Findings 1 and 5. 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 Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP14 00006 Page 3 of 4 Exhibit A 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. The proposed rezone from IP to R -10 is appropriate for these parcels and would benefit adjacent properties by providing a transition for the existing multifamily residential area to the east and the underdeveloped residentially zoned property to the west. The rezone would facilitate development in the area. Findings 3 - 6. 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 required for a rezone if the proposed rezone implements policies contained in the comprehensive plan. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. 1, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. 111, 2004). The City Council determined that a change in the Comprehensive Plan designation from IP to R -10 was appropriate. Approval of this rezone request will implement the Comprehensive Plan with appropriate development regulations as required by the Growth Management Act. Findings 1 - S. 4. The proposed rezone is in the public interest. The proposed zoning amendment from IP to R -10 is in the public interest to bring the zoning district into compliance with the Comprehensive Plan designation. Findings 1 - 6 RECOMMENDATION Based on the findings and conclusions above, the Hearing Examiner recommends that the request to rezone two parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane, in Bremerton, Washington, from IP (Industrial Park) to R -10 (Low Density Residential), be APPROVED. St` Recommended this day of April 2014. THEODORE PAUL HUNTER Hearing Examiner Sound Law Center Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP14 00006 Page 4 of 4 Exhibit B 5lA HY 3 ye 9L Noolllz .... .. ..... .. . ti ONISNY1 ..... .... IF T . ... .... ... ..... oj ll. Ll ... ..... .. - ----- - 7-----' - -- --- ----- j ...... . ..... ..... ..... ... . . .. ... . . ....... . . ..... .... . ..... .... . ...... ..... .. . .... .. .... . ...... ----- -- ---- . ........ .... . . ..... . . . ....... ...... . -- — ------- ---- — . ............ ... .. ....... ... . ..... ... .... ... ...... ... . .......... ................... . .. ... . . 1 � � 0 . . . .... ...... AFFIDAVIT OF PUBLICATION Account #42742 AD #20140323 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Kendrick, 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: And on April 22, 2014 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 $44.97. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 30, 2014. UU NOTARY PUBLIC Notary Public in and for the State of Washington, Kitsap County. STATE OF WASHINGTON CHRISTY M MOFFITT [My Appointment Expires July 08, 2016 ORDINANCE NO. 5248 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for two tax parcels located approximately at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane (Parcel Nos.:282401 -1- 085 -2001 and 282401 -1- 086 -2000) from Industrial Park (IP) to Low Density Residential (R10), to establish zoning that is consistent with the 2013 Comprehensive Plan Amendment Docket (Ord. 5223). PASSED by the City Council on the 16th day of April, 2014. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. April 22, 2014 AD# 20140323