Coultas_Decision CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
) REZ 11-04-99-1
APPLICATION FOR REZONE FROM ) FINDINGS OF FACT
OSR-2 TO LM ) CONCLUSIONS OF LAW
APPLICANT: THOMAS A. COULTAS ) AND RECOMMENDATION
_____________________________
_______)
SUMMARY
This is an application for approval of a rezone changing the zoning designation for 16.12 acres of property owned by Tom and Anna Coultas from Residential R-2 to
Light Manufacturing (LM). This property is presently occupied by a single family residence and a Christmas Tree Farm. The property is located on the north side of New Brooklyn Road
between Madison Avenue and Sportsman Club Road. A Comprehensive Plan Amendment was approved by the City Council on November 10, 1999 changing the Comprehensive Plan designation for
this property from OSR-2 to LM. The Hearing Examiner recommends approval of this application for rezone.
FINDINGS
1. Tom and Anna Coultas are the owners of the real property which is subject to this rezone application. This application concerns two parcels. A portion of one parcel has been segregated
out for senior citizen tax reduction. The parcels are identified by Kitsap County Tax Account numbers 222502-1-011-2004, 222502-1-010-2005 and 222502-1-010-2203. Those parcels are
legally described as follows:
SECTION 22 TOWNSHIP 25 RANGE 2E
The West half of the following: the South half of the Southeast quarter of the Northeast Quarter of Section 22, Township
25 North, Range 2 East. W.M; Except County Road No. 105; and except the East 208 feet condemned to Kitsap.
SECTION 22 TOWNSHIP 25 RANGE 2E
The South half of the Southeast quarter
of the Northeast Quarter of Section 22, Township 25 North, Range 2 East. W.M. Except the East 208 feet thereof; except the South 30 feet for County Road and except the West half thereof:
situate in Kitsap County, Washington. >> Less Taxable Account No. 222502-1-010-220 for Senior Citizen Exemption.
2. Anna R. Coultas has authorized Thomas A. Coultas to apply, on her
behalf, for the rezone of her property identified as tax parcel number 222502-1-010-2203. This authorization was given by notarized statement dated November 1, 1999.
3. This rezone application concerns two parcels totaling 16.12 acres located on the north side of New Brooklyn Road between Madison Avenue and Sportsman Club Road in the city of Bainbridge
Island. The current zoning designation for these two parcels is Residential (R-2).
4. The parcels are surrounded on three sides by property zoned R-2, and on the south by property
zoned LM. The property to the north and to the west of the Coultas parcels are undeveloped, however, those parcels are subject to a preliminary plat approved for a seventy-lot, residential
subdivision on which construction has begun. Property to the south is now occupied by commercial mini-storage and the School District’s bus barn. Property directly to the east, while
zoned R-2, is occupied by the Bainbridge Island Fire Department Headquarters and the Fire Department’s emergency helipad.
5. On November 15, 1999 Mayor Sutton also signed Ordinance
No. 99-38 which amended the City of Bainbridge Island Comprehensive Plan Land Use Map, changing the land use designations for the tax parcels 222502-1-011-2004, 222502-1-010-2005 and
222502-1-010-2203 to Light Manufacturing (LM) effective November 22, 1999. Under the terms of that Ordinance, any development of this parcel for a light manufacturing project must provide
that the open space required for the project be located predominantly on the south one half of the two parcels, and that the buildings, parking and storage of any such light manufacturing
project be located predominantly on the north one half of the two parcels. The purpose of this proviso is to ensure that the open space will provide protection for the tree farm business
which presently exists on the west parcel and the pastureland along the southern half of the east parcel. This open space protection would preserve the visual character of the roadway
along New Brooklyn Road. The specific delineation of the open space boundaries will be determined at the time of an application for light manufacturing development on this parcel.
6. Prior to this Comprehensive Plan amendment, the Plan designated approximately 86 acres of land in the city for light manufacturing uses. Of those 86 acres, 75 acres are located
in the Day Road area. In the Day Road area, 34 acres are proposed for the Manzanita Master Planned Development designated in 1994. There are only four LM parcels remaining undeveloped.
Of those 4 parcels none is over 3 acres in size and the 4 parcels together total no more than 6 acres.
7. At its maximum potential development, this site could provide employment
for approximately 190 persons in 183,000 square feet of building space. Access to the property would be off New Brooklyn Road along a driveway which presently serves the single family
residence on the property. This access road is located along the east property line where it borders the property now occupied by the Bainbridge Island Fire Department Headquarters.
8. In the recent past, several existing island businesses have expressed a need for additional sites to expand their businesses in order to remain on the Island. Some of those businesses
were unable to find suitable light manufacturing zoned parcels on the Island. The four remaining LM parcels where not adequate for their expansion needs. If the Coultas property were
rezoned to Light Manufacturing, it would add approximately 16 acres of potential sites for new businesses and expansion of businesses presently located on Bainbridge Island.
9. At
the same City Council meeting where the Coultas property Comprehensive Plan Amendment was approved by City Council, another property also received approval of a Comprehensive Plan Amendment
changing its designation from Residential R-2 to Light Manufacturing. That parcel is owned by Richard C. Brown and is located near the Coultas property. The Brown parcel is located
to the north and west of the Coultas parcel and fronts on Sportsman Club Road. The property directly across New Brooklyn Road from the Coultas property is also zoned Light Manufacturing.
10. The Coultas parcel is located within the City of Bainbridge Island water and sewer service areas. The City Engineer has indicated that water and sewer service would be available
for development of this property, however, specific requirements for development of the parcel and infrastructure required to support that development have not yet been determined, since
no development proposal is now pending. The development of water and sewer service to the parcel would have to be provided at the applicant’s expense and developed in accordance with
the requirements of the Bainbridge Island Municipal Code (BIMC).
11. Ordinance No. 99-30 was signed by the Mayor on November 15, 1999 and became effective on November 22, 1999. This
ordinance substantially revised portions of the Bainbridge Island Municipal Code relating to site plan and design review as it applies to Light Manufacturing and Business Park zoned
property.
12. The Coultas property is located 250 feet west of Madison Avenue North and access from the Coultas property is provided directly to SR 305 within another 500 feet.
13. The
Coultas property is adjacent to non-residential uses on the east and south sides, however, it is adjacent to a residential use on the north and west sides. A stand of significant mature
trees is located on the north and west sides of the property and would be retained as a buffer between the light manufacturing uses and the residential uses. The new site plan and design
review process for light manufacturing does require compliance with BIMC 18.72 and BIMC 18.85 which will set aside mandatory vegetated buffers between the residential properties
and a light manufacturing development.
14. The tree farm located on the Coultas property is an existing agricultural operation and it will be preserved as a part of the open space designation any development of a light manufacturing
project on this property. The retention of this tree farm complies with the Comprehensive Plan recommendations to preserve presently existing agricultural properties and operations
on Bainbridge Island.
15. As a part of the review for Comprehensive Plan Amendment and the rezone application a Traffic Study was done by Heath & Associates, Inc. That Traffic Study
has been included in the record as Exhibit 14. The Traffic Study is dated September 7, 1999. According to the Traffic Study, the maximum development of the Coultas property as a light
manufacturing site would generate approximately 604 vehicle trips per day if the property were developed to its full potential of 190 jobs. The Traffic Study analyzed the impact of
those vehicle trips on the existing road system around the Coultas property and concluded at page 14 that the development of the Coultas property into light manufacturing business sites
would create a modest impact on the surrounding roadway systems. The Level of Service on those roadways would remain the same as prior to development. The Traffic Study concluded that
major off-site traffic related mitigation would not be needed for congestion reduction as a result of a project at this location. Some frontage improvements and possible sight distance
considerations were cited as possible mitigation measures for future projects, but those mitigation measures would be considered at the time of a project review and cannot be determined
by this non-project land use designation change.
16. Notice of the Public Hearing before the Hearing Examiner was published in the Bainbridge Review on November 13, and November 20,
1999. Notice of the Public Hearing was mailed to properties within 300' of the subject property on November 12, 1999. In addition, notice was placed at the city’s designated Public
Notice sites and posted at the subject property on November 12, 1999.
CONCLUSIONS OF LAW
1. Thomas A. Coultas and Anna R. Coultas are the legal owners of the real property which
is subject to this rezone application.
2. Adequate legal notice was given of the Public Hearing on this rezone which was held in the 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. There has been no showing at the
Public Hearing or in any documents in the record that a rezone of this property to Light Manufacturing would 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 Coultas property is located across the street from other properties which are presently zoned for light
manufacturing use. In addition, a parcel of property within one quarter mile of the Coultas property, owned by R.C. Brown, has also received a Comprehensive Plan Amendment designating
that parcel for light manufacturing use. A rezone application is pending for the Brown property as well. The rezone of this Coultas property to a Light Manufacturing Zone will make
available 16 additional acres for the development of light manufacturing businesses in the city of Bainbridge Island. The record has demonstrated a need for additional light manufacturing
properties in the city. Under the present zoning, only 6 acres of light manufacturing zoned property remain on the island. Requests for business expansion and location of new businesses
cannot be adequately met by the limited acreage now available for light manufacturing within the city. The Traffic Analysis done for this rezone application has shown that at maximum
development in the Light Manufacturing Zone the potential traffic impacts on surrounding streets will be modest. Other potential impacts on surrounding residential development will
be mitigated at the time of project review through existing development regulations and performance standards required for projects in the Light Manufacturing Zone.
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. This application satisfies BIMC 18.114.040.(B) because
the City Council has determined through its adoption of the Economic Element of the Comprehensive Plan on January 21, 1999, that there is a need for additional property in the Light
Manufacturing Zone in the City of Bainbridge Island. The Coultas property is suitable for development as a light manufacturing business site because of its close proximity to SR 305
and because of its close proximity to other non-residential uses and light manufacturing uses in surrounding properties. The property is also suitable for development because of the
natural characteristics of the property. It contains only two small wetlands and only one of those wetlands is large enough to require protection under the Critical
Areas Ordinance. The second wetland is in an area along the south property line which, in compliance with conditions placed on the property, would be protected by its inclusion in the
area designated as Open Space for any development. The Coultas property also is of a size and in a location that makes it appropriate for light manufacturing uses.
6. BIMC 18.114.040.(C):
The subject property is suitable for development in general conformance with zoning standards under the proposed zoning designation. The Coultas property is 16.12 acres in size. A
portion of the west parcel is now being farmed as a Christmas tree farm and the remaining property along the south property line is a grass field which is mowed for hay from time to
time. The topography of the site would allow the preservation of agricultural uses in the Open Space and preserve the agricultural lands and scenic vistas along New Brooklyn Road while
allowing ample space for commercial development on the north portion of the parcel. The Coultas property also is located with access onto New Brooklyn Road which connects to SR 305
approximately 500 feet beyond its intersection with Madison Avenue. This close proximity to the State highway is consistent with the requirements of the Comprehensive Plan to site light
manufacturing businesses with close access to the main public highway. The property is mostly undeveloped and is of sufficient size and topography to comply with the requirements of
BIMC 18.105 and BIMC 18.72.
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. The rezone of the Coultas property will
not be materially detrimental to the surrounding properties because any development in the Light Manufacturing Zone will have to comply with the Site Plan and Design Review requirement
for Light Manufacturing Zones as adopted in Ordinance 99-30 (effective November 22, 1999), and any revisions of that ordinance which are in effect at the time of an application for
project development on this parcel. The performance standards and landscaping requirements contained in the BIMC for Light Manufacturing Zones will protect surrounding properties by
buffers and open space and through restrictions on the types of activities which can take place in a Light Manufacturing Zone. This application for rezone was pending at the time the
Northtown Woods Preliminary Plat was approved and was a matter of public record. Owners of that development should have been aware of the application for rezone on property immediately
adjoining the residential subdivision. Properties to the east and south of the Coultas property are currently being used as commercial storage facilities and for emergency services.
These non-residential uses will not be materially affected by the rezone of this property and its development as a light manufacturing use. The traffic impact from development of this
site will not change the Level of Service on any adjoining roadway systems. The properties to the south and to the east will be protected by buffers and Open Space required in the site
design review of BIMC 18.105.
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 Coultas property is in the service area for
the Bainbridge Island city water and public sewer facilities. Any project developed in the Light Manufacturing Zone would have to provide adequate access to those water and sewer services
and adequate fire flow for fire protection with the approval of the Bainbridge Island Fire Department. Clearly fire protection is readily available since the Bainbridge Island Fire
Department Headquarters Station is located immediately to the east of the proposed site. On site storm drainage facilities would have to meet the requirements of BIMC 15.20 and 15.21
providing for storm water management on the site. These requirements would be reviewed at the time of a specific project application. The topography of the site and its size and location
indicate that it is a site on which adequate facilities for water, fire protection, sewage disposal and storm water containment could be provided by a potential applicant. The Traffic
Study has shown, at maximum development, this site would contribute a modest traffic impact to surrounding roadways and would not change the Level of Service on any of the adjoining
roads.
9. BIMC 18.114.040.(F): The rezone is in accord with the Comprehensive Plan. A Comprehensive Plan Amendment was approved by the City Council as Ordinance 99-38, which became
effective on November 22, 1999. This ordinance changed the land use designation for the Coultas property from OSR-2 to Light Manufacturing. This rezone application request to change
the zoning for the Coultas property from Residential R-2 to Light Manufacturing is consistent with the Plan designation. The Growth Management Act (RCW36.70A) requires that zoning be
consistent with Comprehensive Plan designations for properties located within the city. This rezone would make the zoning consistent with the Comprehensive Plan.
10. BIMC 18.114.040.(G):
The rezone complies with all other applicable criteria and standards of the city. This rezone is a non-project action. A review has been made of the goals and requirements of the Comprehensive
Plan and this rezone application meets the goals and expectations of the Comprehensive Plan as amended. The property has been shown to be appropriate for development as a light manufacturing
use and its location near SR 305 complies with the Comprehensive Plan goals of siting light manufacturing businesses near access to the State highway. The record has demonstrated a
need for additional light manufacturing zoned property in the city of Bainbridge Island and the Coultas property meets the criteria established in the Comprehensive Plan and the BIMC
for a change in designation from residential zoning to light manufacturing zoning. The public facilities including roads, water, fire protection and sewage disposal facilities are available
for potential light manufacturing development of this site. Critical areas on the site are small and can be protected in buffers and open space.
11. BIMC 18.114.040.(H): The rezone
would not devalue surrounding or nearby property. A review of the record shows that the value of surrounding and nearby properties will be protected
by the site design and performance standards required of developments in a Light Manufacturing Zone. Substantial buffers will protect adjoining properties from detrimental impact from
light manufacturing uses on the Coultas property. A strict adherence to the limitations of uses allowed in the Light Manufacturing Zone and the compliance with all development standards
for businesses at this site will provide the necessary protections for surrounding properties so that their values will be retained. Development standards for a light manufacturing
project at this site include substantial buffers and open space. A portion of the Coultas property is presently being farmed as a tree farm and as pasture land. This portion of the
property is located mainly along the south property line and creates a scenic vista for property owners in the vicinity as they drive by on New Brooklyn Road. A restriction on the development
of this property for light manufacturing purposes has been placed on the property by the City Council as a condition to their approval of the Comprehensive Plan Amendment. This condition
requires that the Coultas property retain in Open Space the tree farm and pasture land now located along the south property line. The Open Space required to be retained on the property
in any development of the site for light manufacturing use must designate a majority of the required Open Space on the south half of the parcels to preserve this agricultural use. The
Northtown Woods subdivision application was filed while this rezone application was pending. No devaluation of any of the surrounding properties is anticipated by this change in zoning
designation.
12. BIMC 18.114.040.(I): The rezone will not result in an adverse environmental consequence. This application is a non-project action. An environmental analysis was conducted
through SEPA. It was determined there would be no adverse environmental impacts anticipated from a change in the zoning designation on this property. The requirement for environmental
protection is addressed as a part of a site plan and design review and development regulations and performance standards for the Light Manufacturing Zone. During the review process
for this rezone application, the Economic Element of the Comprehensive Plan was passed by the City Council. The Economic Element states that there is a need for additional Light Manufacturing
zoned property in the city of Bainbridge Island to sustain the economic viability of the city. In addition, revisions were made to the Site Plan and Design Review Ordinances to set
standards for development in Light Manufacturing zones. The environmental consequences of the development of this property for a light manufacturing use will be mitigated through compliance
with applicable development requirements of the BIMC and will not result in any significant adverse impacts on surrounding properties.
13. A SEPA review was conducted and a Determination
of Non-Significance (DNS) was issued on August 11, 1999 by the City of Bainbridge Island. No comments were received and the DNS became final on August 26, 1999. No appeals were filed
from that SEPA determination.
RECOMMENDATION
The Hearing Examiner now recommends approval of this application for rezone changing the zoning designation for the Coultas property from Residential R-2 to Light
Manufacturing (LM). In accordance with the goals of the Comprehensive Plan to preserve farmland and agricultural uses presently existing in the City of Bainbridge Island, it is recommended
that a condition be attached to this rezone approval as follows:
Any development of these parcels for Light Manufacturing uses must set aside as the required Open Space for the project,
an area on the south one half of both parcels to allow the continuance of the operation of the tree farm and pasture lands to maintain the scenic vistas presently enjoyed by users of
New Brooklyn Road. Buildings, parking, storage and other structures included in the Light Manufacturing development must be located predominantly on the north one half of the two parcels.
Dated
this 14th day of January, 2000.
By:______________________________
Robin Thomas Baker
Hearing Examiner Pro Tem
City of Bainbridge Island