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BROWN, RICHARD DECISION 1 CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER ) APPLICATION FOR REZONE FROM ) REZ 11-05–99-1 RESIDENTIAL (R-2) TO LIGHT ) FINDINGS OF FACT, MANUFACTURING (LM) ) CONCLUSIONS OF LAW APPLICANT: RICHARD C. BROWN ) AND RECOMMENDATION ____________________________________) SUMMARY This application is for approval of a rezone changing the zoning designation of a 7.28 acre parcel located on Sportsman Club Road just north of the intersection with New Brooklyn Road in the City of Bainbridge Island. The Bainbridge Island City Council changed the Comprehensive Plan designation for this property to Light Manufacturing by its adoption of Ordinance 99-39 which took effect on November 22, 1999. The Hearing Examiner recommends approval of this rezone application changing the zoning on the Brown property from Residential R-2 to Light Manufacturing (LM). FINDINGS 1. The subject property is owned by Richard C. Brown and is identified by tax parcel numbers 22502-1-020-2003 and 222502-1-021-2002. The parcels are 2.37 acres and 4.91 acres in size. This application is for the combined parcel of 7.28 acres. The land is presently undeveloped. The property is legally described as follows: SECTION 22 TOWNSHIP 25 RANGE 2E (222502-1-020-2003) TH PTN of S 225. 82ft of N 505ft of NE 1/4 NE 1/4 lying W of MGN of S/HWY NO 21-A (HWY 305) & Ely of Sportsman Club Road (Being lot A-2) of Short Plat No. 1658 Recd 7810200199). SECTION 22 TOWNSHIP 25 RANGE 2E (222502-1-021-2002) TH PTN OF S 360ft of N845ft of NE 1/4 NE1/4 as meas at R/A to the N ln of so sub ly wly of the wly mgn of s/hwy No. 21 & ely of the ely mgn of Sportsman Club Rd. being cnvyd by aud no. 114453 tgw fot bat se cdr of abv desc tr th N&7*43'45w plw n ln of so sub 260.80ft th s54*07' 5&E 72.29ft th S87*43E 211.90ft to W mgn of S/hwy 305 ym nwly alg sd mgn 41. 57ft to pob. 2. The Brown property is an undeveloped parcel which gently slopes from west to east. It is heavily vegetated with deciduous trees and fairly thick understory. It has been logged within the last fifteen years, however, there is a buffer of mature evergreen and mature Pacific Madrone along the Sportsman Club Road right-of-way. The site contains Kapowsin gravelly loam soils. 3. Access to these parcels is from Sportsman Club Road, approach is from the south at New REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island Brooklyn Road, or from the north at SR 305. 4. This site is located within the City of Bainbridge Island water and sewer service areas. Fire protection would be provided by the Bainbridge Island Fire District. 5. Surrounding properties are presently used as follows: a) North: Puget Sound Energy substation; b) South: Light Manufacturing commercial development occupied by Bainbridge Disposal and Olympic Glass; c) East: SR 305; d) West: Sakai Intermediate School and two single family residences. 6. This property is zoned Residential R-2. Surrounding properties are zoned as follows: a) North: R-2; b) South: Light Manufacturing (LM); c) East: R-2; d) West: R-2. 7. A Comprehensive Plan Amendment was passed by the Bainbridge Island City Council on November 10, 1999 changing the Comprehensive Plan designation for this property from OSR-2 to LM. Surrounding properties have the following Comprehensive Plan designations: a) North: OSR-2; b) South: LM; c) East: OSR-2; d) West: OSR-2. 8. Prior to its amendment on November 22, 1999, the Bainbridge Island Comprehensive Plan designated approximately 86 acres of land for Light Manufacturing uses. Seventy-five acres of that designated Light Manufacturing land is located in the Day Road area. There are only four remaining parcels of the LM zoned properties which remain undeveloped. Those four parcels total approximately 6 acres. The Economic Element of the Bainbridge Island Comprehensive Plan encourages the designation of additional land for light manufacturing use to provide opportunities for small manufacturing businesses on the island to expand and to provide additional employment opportunity for residents of the City. 9. The Comprehensive Plan Economic Element E.2.5 outlines criteria which should be considered in designating properties for LM use. E.2.5.a. proximity to existing LM. The Brown parcel is located adjacent to an existing LM designated property and within one quarter mile of existing LM designated property on New Brooklyn Road. In addition there are applications pending for an additional 16.12 acres on New Brooklyn Road to be rezoned for LM. The property immediately to the north of the Brown parcel is being occupied by a Puget Sound Energy substation. E.2.5.b. the total amount of LM zoned land should be considered. As previously stated there are currently 86 acres of LM zoned land on Bainbridge Island of which approximately 34 acres are undeveloped but designated for Master Planned Development. Of the remaining 52 acres there are only four parcels totaling six acres that remain undeveloped. Six acres is inadequate to meet REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island the needs of island businesses for expansion and the need for creation of new job opportunities for island residents. E.2.5.c. compliance with all existing policies in the Land Use Element. This is a non-project land use action which has been the subject of a SEPA review. The development regulations, performance standards and amendments to Bainbridge Island Municipal Code (BIMC) 18.105, to include site plan and design review for LM uses, help assure compliance with all existing policies in the Land Use Element. Land Use Policy 1.5 recognizes Sportsman Club Road as a designated area for light manufacturing. E.2.5.d. Reasonable proximity to SR 305. This Brown property is located within 1,500 feet of the Sportsman Club Road intersection with SR 305. E.2.5.e. The availability of public sewer and water,... The Brown property is located within the City of Bainbridge Island water and sewer service areas. Upon application for the development of a light manufacturing use for the property, the development of water and sewer service to the parcel would be subject to approval by the City of Bainbridge Island Public Works Department. E.2.5.f. ....whether permitted uses might safely use wells and septic systems or other alternative systems that are approved by the Bremerton-Kitsap County Health district. For this particular parcel, since it is located within the City of Bainbridge Island water and sewer district service areas, subsection f. would not apply. E.2.5.g. consideration of nonpoint pollution concerns identified in the Bainbridge Island Watersheds, 1995 report. Another consideration is whether nonpoint pollution sources would result from a light manufacturing use of the property. Applicants for light manufacturing development must comply with the requirements of BIMC 18.72 which addresses both industrial waste water and hazardous waste storage and disposal, therefore, nonpoint pollution concerns should be mitigated. E.2.5.h. adjacency to non-residential land uses. This Brown parcel is surrounded on three sides by non-residential uses. Across Sportsman Club Road there are two single family residences. Those residences however will be screened from any LM development by the vegetative buffer screening required under the LM zoning ordinances and will benefit from Open Space dedications required in LM zones. E.2.5.i. minimal impact to residential land uses, neighborhoods, and open space/conservancy areas. This Brown parcel is located next to an already existing LM zoned site which is currently developed for light manufacturing uses and occupied by Bainbridge Disposal Company and Olympic Glass for their offices. To the north of the Brown property the parcel is occupied REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island by the Puget Sound Energy substation and to the east this parcel fronts on SR 305. There would be a minimal impact to the residential properties across Sportsman Club Road from this site since the LM site plan and design review process will require compliance with the LM development standards and the landscaping requirements of BIMC 18.85. If this property is developed as an LM site, permanent open space will be required and a vegetative buffer would be required to maintain screening and preserve the vista from the road of a vegetated buffer. LM development should have minimal impact on the residences across Sportsman Club Road. E.2.5.j. The potential for quality open space or agricultural use. This parcel is just over 7 acres in size and would contribute up to 2.2 acres of open space as a part of any development as a light manufacturing site. The parcel contain no critical areas and is not being used for any agricultural use at the present time. Compliance with all performance standards in effect for LM would be required. 10. This application for rezone was subject to a public hearing for which notice was given in the Bainbridge Review on November 13 and 20, 1999, and notice was posted on the property on November 12, 1999. In addition, notice of the hearing was mailed to surrounding property owners and posted at the city’s designated posting sites on November 12, 1999, giving notice to interested parties to attend the hearing. 11. A SEPA review of this non-project land use action was conducted by the City of Bainbridge Island in August, 1999. A Notice of Determination of Nonsignificance (DNS) was filed by the City on August 26, 1999 and no appeals were filed. 12. A Traffic Analysis was made of this application for rezone by Heath & Associates, Inc. This report was prepared for R.C. Brown and was dated September 7, 1999. The Traffic Analysis concluded that the maximum development of this site as a light manufacturing business site could add up to 100 employees to the local business base. If developed to its maximum capacity the project could be expected to create a modest impact on the surrounding roadway system. An average of 300 vehicle trips per day could be anticipated to and from the project site if it were developed to its full capacity. This would be a 52% increase in traffic over the traffic generated from a residential development at the site. Adding that many vehicle trips per day to the roads in this area would not change the Level of Service presently existing on the roadways associated with this project site, according to the study. The Traffic Study considered the intersections of SR 305 and Sportsman Club Road, the intersection of SR 305 and Madison Avenue, the intersection of Sportsman Club Road and New Brooklyn Road, and the intersection of New Brooklyn Road and Madison Avenue. There is a possible future conflict with existing school traffic, depending on the hours of operation of new businesses at the LM site. Conflicts with school traffic and potential mitigating factors for frontage improvements or sight distances at project entrances would be dealt with at the time of application of specific development under REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island the LM zone. The Traffic Impact Analysis on this R.C. Brown parcel is included in the record as Exhibit 14. 13. No construction is proposed as a part of this non-project action, however, at full development for light manufacturing use, approximately 36% of the 7.28 acre site could include impervious surfaces. If developed as single family residential under current zoning, the property could be developed with 14 residences covering approximately 22% of the site. This additional storm water runoff caused by increased impervious surfaces would be controlled under a storm water management system planned at the time of site development. 14. There are no critical areas identified on the property. Future development of the site as LM will result in the removal of some forested wildlife habitat, however, under existing flexible site design standards the requirement that 30% of the site be maintained as designated open space would ensure the retention of some on-site wildlife habitat, even after development. 15. This subject site has direct access to Sportsman Club Road which is identified as a secondary arterial in the Transportation Element of the Comprehensive Plan. It is also located within 1/4 mile of SR 305, a primary arterial. Public transit is available along SR 305 and Kitsap Transit Route 93 presently service the site directly. CONCLUSIONS OF LAW 1. Richard C. Brown is the legal owners of real property which is the subject of this rezone application. 2. Adequate legal notice was given of the Public Hearing on this rezone which was held in the Bainbridge Island Fire Department Multi-Purpose Room at 8895 Madison Ave. NE, Bainbridge Island, on November 30, 1999. This matter is properly before the Hearing Examiner for Recommendation. 3. The Bainbridge Island Municipal Code Section 18.114.040 sets forth the decision criteria for a rezone application. 4. BIMC 18.114.040.(A): The rezone will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The change of zoning for the Brown parcel from Residential R-2 to Light Manufacturing (LM) will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The property is abutted on the south by additional LM zoned property. The subject property is REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island bordered on the north by property currently being used as a commercial site for the Puget Sound Energy substation. The Brown parcel is bordered on the east by SR 305. The Brown parcel is bordered REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island on the west by Sportsman Club Road and across Sportsman Club Road are located the new Sakai Intermediate School and two single family residences. At maximum development for a light manufacturing use, the traffic generated from the project would have a modest impact on surrounding city streets and highway intersections according to a Traffic Analysis provided by the applicant. As a part of the site plan review and design process, the development of this property as a light manufacturing site would require the designation of at least 2.2 acres for open space and would provide for vegetative buffers to screen the business uses from visibility. The residential properties across Sportsman Club Road would benefit from this vegetative screening and open space and would suffer a minimal impact from the development of this site as a Light Manufacturing Zone. Public welfare would benefit from the rezone of this property for light manufacturing uses since property in this zoning designation has become extremely limited in the city of Bainbridge Island. New and expanded businesses at this site would contribute to the economic viability of the city. 5. BIMC 18.114.040.(B): The rezone is warranted because of changed circumstances and the proposed designation is appropriate for reasonable development of the subject property or because of a need for additional property in the proposed zone and the proposed designation is appropriate for reasonable development of the subject property. The Bainbridge Island City Council in January, 1999 adopted the Economic Element of the Comprehensive Plan. In that Economic Element Goal 1 was to retain and enhance a diversified local economy. A subsection of that Goal concerns light manufacturing. Goal 2 was to support entrepreneurism by providing adequate land use designation in keeping with the character of the island, recognizing under E.2.5 that new light manufacturing land use designations should be considered. The proposed zoning change from Residential to Light Manufacturing for this piece of property is appropriate because of the location of the property and the uses of properties surrounding this parcel. This parcel is abutted on the north and the south sides by commercial uses, and is an appropriate size, at 7.28 acres, for development as a light manufacturing business site. The record produced at the public hearing demonstrates that there is a need for additional property in the Light Manufacturing Zone on Bainbridge island, and this particular parcel by its location and its topography is particularly well suited for development as a light manufacturing site. 6. BIMC 18.114.040.(C): The subject property is suitable for development in general conformance with zoning standards under the proposed zoning designation. This parcel is 7.28 acres in size and contains no critical areas subject to the protection of BIMC 16.20. The parcel is adjacent to other LM zoned property which is presently developed for commercial use and is located within 1,500 feet of the intersection of Sportsman Club Road and SR 305. The topography of the site makes the development of light manufacturing at this location reasonable because areas are available for open space and vegetative buffers as well as development of light manufacturing uses. REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island 7. BIMC 18.114.040.(D): The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject property. A change of the zoning on the Brown property from Residential to Light Manufacturing will be beneficial to the city of Bainbridge Island for the reason that it concentrates light manufacturing uses into areas already designated for that use. The site design requirements and the zoning requirements for LM zones will protect the single family residential properties to the west of the site from impact from this light manufacturing development. When a project is developed at this site proper mitigation measures will assure that any potential impacts to off site properties will be minimized. 8. BIMC 18.114.040.(E): The property will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities for the intensity to which it is being rezoned. The Brown property is located within the service area for the Bainbridge Island city water and public sewer facilities. Once an application for project development is filed, design for the water and sewer service systems can be arranged through the City of Bainbridge Island Public Works Department at the expense of the applicant. A Traffic Analysis has shown that there will be a modest impact on roads from the increased traffic expected at this site when developed as a light manufacturing site rather than a residential site. The Level of Service presently available for the surrounding road system is expected to remain the same. Fire protection will be provided by the Bainbridge Island Fire District whose headquarters are located on Madison Avenue, within 1/4 mile of the subject property. Once this property is developed as a light manufacturing site, then fire protection standards will have to be met by the applicant providing adequate fire flow through a water system developed to service the property. Compliance with BIMC 15.20 and 15.21 will be required of any development of this property for a light manufacturing use. Those sections of the BIMC will ensure that storm drainage facilities are in place capable of handling the intensity of development intended for this new zoning. 9. BIMC 18.114.040.(F): The rezone is in accord with the Comprehensive Plan. The Brown property was the subject of a Comprehensive Plan Amendment which was approved by the City Council on November 10, 1999 by Ordinance 99-39. This ordinance became effective on November 22, 1999 and changed the Comprehensive Plan designation for the Brown property from OSR-2 to LM. To be consistent with the requirements of the Growth Management Act this property must now be rezoned to comply with the Comprehensive Plan designation. Therefore, the Brown property must be rezoned for light manufacturing uses to comply with that Comprehensive Plan amendment. 10. BIMC 18.114.040.(G): The rezone complies with all other applicable criteria and standards of the city. This rezone application has been reviewed for compliance with the Comprehensive Plan and is consistent with the goals and policies stated therein. In addition, the use of this property as a light manufacturing site is consistent with the uses of the properties REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island immediately adjoining to the north and south of this site. It is important to the overall land use planning of the city that the light manufacturing uses be concentrated together in areas historically used for light manufacturing purposes. A Light Manufacturing Zone has existed in this vicinity for many years. This property is a suitable location for a rezone to LM since it has close access to REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island SR 305, one of the criteria suggested by the Comprehensive Plan for Light Manufacturing designated uses. In addition, this property site contains no critical areas and is presently undeveloped. 11. BIMC 18.114.040.(H): The rezone would not devalue surrounding or nearby property. A change in the zoning of the Brown parcel from Residential to LM would be consistent with the uses being made of property to the immediate north and south of the Brown parcel. As this property is developed for light manufacturing uses under the BIMC Zoning Code, vegetative buffers and designated open space will protect surrounding residential property users from impact from light manufacturing uses made of the property. The rezone of this parcel to a LM zone would be consistent with its present Comprehensive Plan designation and would not significantly affect the value of surrounding properties. 12. BIMC 18.114.040.(I): The rezone will not result in an adverse environmental consequence. As a part of the review process for this rezone application an environmental analysis was conducted under the State Environmental Policy Act (SEPA), where it was determined there would be no adverse environmental impacts resulting from this non-project action. A Determination of Nonsignificance (DNS) was issued and became final on August 26, 1999. Any potential environmental impacts caused by a development of this property to a light manufacturing use will be subject to the requirements of the site plan and design review process and to the adopted development regulations and performance standards included for the LM zone at the time of that project application. Proper mitigation measures will be imposed at the time of development application to assure minimal environmental consequence from the development of this parcel for a light manufacturing use. RECOMMENDATION After a review of the record and inspection of the site the Hearing Examiner now recommends that the City Council approve this application for rezone changing the zoning designation for the parcel owned by Richard C. Brown from a zoning designation of Residential R-2 to a zoning designation of Light Manufacturing (LM). Dated this 14th day of January, 2000. By:______________________________ Robin Thomas Baker REZ 11-05-99-1 Hearing Examiner Richard C. Brown City of Bainbridge Island Hearing Examiner Pro Tem City of Bainbridge Island, Washington.