BROWN REZ11-05-99-1RECEIVE
JAN
EXE gE
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATION FOR REZONE FROM
RESIDENTIAL (R-E) TO LIGHT
MANI JFACTURING (LM)
APPLICANT: RICHARD C. BROWN
REZ 11-05-99-1
FINDINGS OF FACT,
CONCLUSIONS OF LAW
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 TO~YNSH1P 25 RANGE 2E (222502-1-020-2003)
TH PTN ors 225. 82fi of N 505~ of NE 1/4 NE 1/4 lying $V of ~,IGN of S/Hl4zY
NO 21-A (HWY 305) & Ely of Sportsman Club Road (Being lot A-2) of Short Plat
No. 1658 Reed 7810200199).
SECTION 22 TO~VNSHIP 25 RANGE 2E (222502-1-021-2002)
TH PTN OF S 360)'? ofN845fi 4NE 1/4 NEll4 as meas at R/A to the N In of so
s,b ly wly q/'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 In ql'so sub 2698Q/~ th s54'07' 5&E 72.29fi th S87'43E
211.9q/i to tI'~ mgn of S/hwy 305 ym nwly alg sd mgn 4 I. 57fi to pob.
The Brown property is an undeveloped parcel which gently slopes from west to east. It is
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Richard C. Brown
Hearing Examiner
City of Bainbridge Island
Page - I -
heavily vegetated with deciduous trees and thirly thick understory.. It has been logged within the
last fifteen .,,'ears. however. there is a bul'lbr 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 fi'om Sportsman Club Road. approach is from the south at New
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 ~vould be provided by the Bainbridge Island Fire District.
5. Surrounding properties are presently used as follows: a) Noah: 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 tbllowing 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 l:bur
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 Ibr 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. pmmimiO, to existing LM. The Brown parcel is located adjacent to an existing LN1
designated property and within one quarter mile of existing LM designated property on New
Brooklyn Road./n addition there are applications pending for an additional 16.12 acres on New
Brooklyn Road to be rezoned Ibr 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 qfLMzonedhmdxhouldbe considered. As previously stated there are
R} Z I 1-05-9q-I
Richard C. Brown
}learing Examiner
City of Bainbridge Island
Page -2-
currently 86 acres of LM zoned land on Bainbridge Island of which approximately 34 acres are
undeveloped but designated li~r Master Planned Development. Of the remaining 52 acres there
are onl.,, four parcels totaling six acres that remain undeveloped. Six acres is inadequate to meet
the needs of island basinesses Ibr expansion and the need tier creation of new job opportunities tBr
island residents.
E.2.5.c. compliance Mth all existing policies in the Land Use Element. This is a non-project land
use action which has been the subject ofa SEPA review'. The development regulations,
pertBrmance standards and amendments to Bainbridge Island Municipal Code (BIMC) 18.105, to
include site plan and design review IBr 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 tBr light manufacturing.
E.2.5 .d. Reasonable proximi.ty to SR 305. This Brown property is located within 1,500 t~et of
the Sportsman Club Road intersection with SR 305.
E.2.5.e. The availabiliO, of public sewer and water .... The Brown property is located within the
City of Bainhridge 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.fi ....whether permitted uses might saj'~ly use wells and septic systems or other alternative
~vstems 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
~aersheds. 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. adjacencv 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 bufl~r
screening required under the LM zoning ordinances and will benefit from Open Space dedications
reqnired in LM zones.
E.2.5.i. minimal impact to residenti~tl land rises. neighborboo&, and open space/conservancy
ttrc~cts. This Brown parcel is located next to an already existing LM zoned site which is currently
de'~eloped t~r light manuti~cturing uses and occupied by Bainbridge Disposal Company and
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Richard C Brown
Hearing Examiner
City of Bainbridge Island
~age -3-
Olympic Glass tbr their offices, To the north of the Brown property the parcel is occupied by the
Puget Sound Energy substation and to the east this parcel fi'onts on SR 305. There would be a
minimal impact to the residential properties across Sportsman Club Road t~om this site since the
I.M 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. pem~anent 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./br qualiD, open space or agriculntral 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
o,,,mers and posted at the city's designated posting sites on November 12, 1999, giving notice to
interested parties to attend the hearing.
1 I. 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 ofNonsigni~cance (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 ti'om 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
x~ith school traffic and potential mitigating t~.ctors for frontage improvements or sight distances at
prQiect entrances would be dealt with at the time of application of specific development under the
LM zone. The Traffic Impact Analysis on this R.C. Brown parcel is included in the record as'
REZ I I -05-99- I
Richard C. Brown
Hearing Examiner
City of Bainbridge Island
Page -4-
Exhibit 14.
13. No construction is proposed as a pan of this non-project action. however, at fhll
development lbr light manulhcmring use. approximately 36% of the 7.28 acre site could include
impervious surlhces. If developed as single fb. mily 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 surl~ces 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 xvill result in the removal of some lbrested 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 wildlil~ 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 aneriaI. Public transit is available along SR 305 and Kitsap
"['ransit 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
lbr Recommendation.
3. The Bainbridge Island Municipal Code Section 18.114.040 sets forth the decision criteria
fi~r a rezone application.
4. BIMC 18.1 l 4.040.(A): The rezone will not be materially detrimental to the public
we!fare or injurious to the properly or improvemenL~ in the vicinity and zone in which the
properO, is located. The change of zoning lbr the Brown parcel from Residential R-2 to Light
Manufacturing (LM) will not be materially detrimental to the public wellltre 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 bordered on the
north by property currently being used as a commercial site tbr the Puget Sound Energy
substation. The Broken parcel is bordered on the east by SR 305. The Brown parcel is bordered
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Richard C Brown
Itearing Examiner
City of Bainbridge island
Page -5-
on the x,,est by Sportsman Club Road and across Sportsman Club Road are located the new Sakai
lnter~nediate School and two single Ihmily residences. At maximum development tbr a light
manutb_cturing use. the traffic generated fi'om the project ~vould 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 lbr vegetative but'l~rs to screen the business uses from visibility. The residential
properties across Sportsman Club Road would benefit/3tom this vegetative screening and open
space and would sufli~r a minimal impact from the development of this site as a Light
Manuli~cturing Zone. Public welfare would benefit from the rezone of this property for light
manuti~cturing 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 Lv warranted because of changed circumstances and
lhe proposed designation is appropriate fi~r reasonable development of the subject property or
because of a needjbr additional proper~' in the proposed zone and the proposed designation is
appropriate j'br reasonable development of the subjectproper,t),'. The Bainbridge Island City
Council in January.. 1999 adopted the Economic Element of the Comprehensive Plan. In that
Economic Element Goal I was to retain and enhance a diversified local economy. A subsection
of that Goal concerns light manufacturing. Goal 2 was to support entrepmneurism 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
abntted on the north and the south sides by commemial 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
~vell suited for development as a light manufacturing site.
6. BIMC 18.114.040.(C): The sttbject property is suitableJbr development in general
coq[i~rntance 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 manutiicturing at this location reasonable
because areas are available for open space and vegetative buffers as well as development of light
manuti~cturing uses.
7. BIMC 18. 114.040.(D): The fezone will not be materially detrimental to uses or property
in the immediate vicini0' q['the sub/cot property. A change of the zoning on the'Brown property
REZ I 1-05-99-1
Richard C. Brown
Hearing Examiner
City of Bainbridge Island
Page
t'rom Residenlial to Light Manut~.cturing will be beneficial to the city of Bainbridge lsIand IBr the
reason that it concentrates light manut~.cturing uses into areas already designated for that use.
The site design requirements and the zoning requirements for LM zones will protect the single
t:amily residential properties to the west of the site l~om impact t~rom 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 propert)' will be served by adequate public fiicililies including
rc~adv, water, fire protection, sewage disposal fitcilities and storm drainage fi~cilities~/br the
intensity to which it is being rezoned The Brown property is located within the service area tbr
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
Ci~' 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 ~vhen 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 manut~_cturing use. Those sections of the BIMC wilt ensure that storm drainage facilities
are in place capable of handling the intensity, of development intended for this new zoning.
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.
l 0. 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 manuI~xcturing site is consistent with the uses of the properties
immediately adjoining to the north and south of this site. It is important to the overall laA~d use
planning of the city that the light manut~.cturing uses be concentrated together in areas historically
nscd tier light manuth. cturing purposes. A Light Manul~cturing Zone has existed in this vicinit2,'
tier many years. This property is a suitable location Ibr a fezone to LM since it has close access to
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Richarcl C. Brown
Hearing Examiner
City of Bainbridge Island
Page -7-
SR 31)5. 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 devahte surrounding or nearby property.
A change in the zoning of the Brown parcel l~om 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 tBr light manu/~.cturing uses under the BIMC Zoning Code, vegetative
bufi'~rs and designated open space will protect surrounding residential property users from impact
t?om light manuthcturing 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 re.zone 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 ofNonsignificance (DNS) was issued and became final on August 26,
1999. Any potential environmental impacts caused by a development of this property to a light
manuthcturing 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 wilt 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
Hearing Examiner Pro Tem
City of Bainbridge Island. Washington.
REZ I 1-05-99-1
Richard C. Brown
Hearing Examiner
City of Bainbridge Island
Page -8-