Loading...
COULTAS REZ11-05-99-1 \\H~ ivtn J~M , It tOO1l u.ttUt\~l CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER APPLICATION FOR REZONE FROM RESJ[)ENTIAL R-2 TO LIGHT MANIIFACTURING APPLICANT: THOMAS A. COULTAS ) ) ) ) ) ) REZ 11-04-99-1 FINDINGS OF FACT CONCLUSIONS OF LA W AND RECOMMENDATION SUMMARY This is an application for approval of a rezone changing the zoning designation for 16.12 acre, 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 A venue 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. The parcels are legally described as follows: SECTJON 22 TOWNSHIP 25 RANGE 2E The West halfofthe fi}llowing: the South half of the Southeast quarter of the Northeast Quarter o(Section 22, Township 25 North, Range 2 East. WM; Except County road No 105: and except the East 208 feet condemned to Kitsap. SECT/ON 22 TOWNSHIP 25 RANGE 2E The South hai(ufthe Southemt quarter of the Northeast Quarter of Section 22, Township 25 North, Range 2 East. Wi,,! Except the East 20Sfeet thereof: except the SOlllh 30 j~et.fi)r County Road and except the West half thereof situate in Kirsap ('oullly, Washingtoll. R E7 II-O~-99-1 Thomas Coult..s Henring Examiner City of Bainbridge Island Page -1- ~ Anna R. Coultas has authorized Thomas A. Coultas to apply. on her behalf. tar the rezone or her property identilied as tax parcel number 222502-1-0 10-2203. This authorization was given by notarizcd statemcnt dated November I. 1999. 3. This rezone application concerns two parcels totaling 16.12 acres located on the north side orNew 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 propcrty zoned LM. The property to the north and to the west of the Coultas parcels are undevelopcd, however, thosc parcels are subject to a preliminary plat approved for a seventy-lot, residcntia1 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 tar the tax parcels 222502-1-011-2004, 222502-1-010-2005 and 222502-1-010- 2203 to Light Manufacturing (lM) elTective November 22, 1999. Under the terms of that Ordinancc, 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 parccls, and that the buildings, parking and storage of any such light manufacturing project be located predominantly on the north one half ofthe 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 tar 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 Devc!opment 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 dcvelopment. this site could provide employment tar approximately 190 persons in 183.000 squarc feet ofhuilding space. Access to the property would be off New Brooklyn Road along a driveway which presently serves the single family IU.I II-O~-"9-1 Th{)m~lS Coultas He:lring Examiner City of Bainbridge Island Pd~1.: -2- rcsidcnec on thc property. This access road is located along the east property line wherc it bordcrs the property now oceupicd by the Bainbridge Island Fire Dcpartmcnt Headquarters. 8. In the reccnt past. several existing island busincsses have expressed a need tar additional sites to expand their businesses in order to remain on the Island. Some of those businesses were unahle to lind suitable light manufacturing zoned parcels on the Island. The taur remaining LM parcels where not adcquate tar thcir expansion needs. If the Coultas property were rezoned to Light Manufacturing. it would add approximately 16 acres of potential sites tar new businesses and expansion of businesses presently located on Bainbridge Island. q 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 etTcctive on November 22, 1999. This ordinance substantially revised portions ofthc 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 bulTer between the light manufacturing uses and the residential uses. The new site plan and dcsign rnlew process tar light manufacturing does require compliance with BIMC 18.72 and BIMC 18.85 which will set aside mandatory vegetated buffers hetween the residential properties and a RLL 11-1l~-q'J-1 Thomas Coultas Hearing Examiner City of Bainbridge Island Page -3- light rnanul~lcturing development. 1-1, The trcc farm located on the Coultas property is an existing agricultural operation and it will b~ preServed as a part or the open spacc designation any development of a light manufacturing project on this property. Thc retention of this tree farm complies with the Comprchensive Plan recommendations to preserve preSently existing agricultural properties and operations on Bainbridge Island. 15. As a part of the review tar Comprehensive Plan Amendment and the rezone application a Traftic Study was done by Heath & Associates. Inc. That Traffic Study has been included in the rccord as Exhibit 14. The Traffic Study is dated September 7, 1999. According to the Tramc Study. the maximum development of the Coultas property as a light manufacturing site would gencrate 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 Traflic Study concluded that major off-site traflic related mitigation would not be needed for congestion reduction as a result of a project at this location. Some frontagc improvements and possible sight distance considerations were cited as possible mitigation measures for future projects. but those mitigation measures would be considered at the timc of a project review and cannot bc determined by this non-project land use designation change. 16. Notice of the Public Hearing be1are 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. ]999. 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. " Adequate legal notice was given of the Public Hearing on this rezone which was held in thc Fire Department Multi-Purpose Room at 8895 Madison Ave. NE. Bainbridge Island. on No\ ember 30. 1999. This matter is properly before the Hearing Examiner tor Recommendation. 3. The Bainbridge Island Municipal Code Section 18.114.040 sets forth the decision criteria REL 11-()~-~9-1 Thomas Coultas Hearing Examiner City of Bainbridge lshwd Pag(: ~4- tar a rezonc application. 4. BIMC 18.114.040.(A): The rezone will not he materially detrimental to the public \l'l!(fure or i'?jurious to the property or improvemenls in the vicini!.v and zone in .which the property is 1()C(lIed. There has been no showing at the Public Hearing or in any documents in thc reeord 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 tar 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 oflight 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 tar 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 reasonahle development of the subject property or hecause of a need for additional property in the proposed zone and the proposed designation is appropriatefiJr 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 uscs 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 far light manutacturing uses. 6. BIMC 18.1l4.040.(C): The subiect property is suitahle!IJr development in general REZ 11-1I~-99-1 Thomas Coultas nearing Examiner Cit~: of Bainbridge Ishmd Pag..: -)- ,'lIn!lIrmunce \l'ith ~lIl1il1g stul1durds under the proposed ~ol1ing desigl1utiol/. The Coultas propcrty is 16.12 acres in size. A portion of the west parcel is now bcing farmcd as a Christmas trce farm and thc remaining property along the south property line is a grass tield which is mowed tar hay Irom 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 tar commercial development on the north portion of the parcel. Thc Coultas property also is located with access onto New Brooklyn Road which connects to SR 305 approximately 500 feet beyond its intersection with Madison A venue. This close proximity to thc 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 undcveloped and is of sufficient size and topography to comply with the requirements of BIMC 18.105 and BIMC 18.72. 7. BlMC 18.114.040.(D): The re~one will not be materially detrimental to uses or property ill the immediate vicini!.v 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 ofthat ordinance which are in etTect at the time of an application for project development on this parcel. The perfarmance 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 protccted by buffers and Open Space required in the site design review ofBIMC ] 8.105. 8. BlMC 18.114.040.(E): The property will be sen'ed by adequate public facilities including roads, Wafcr, .lire protection, sewage disposal facilities and storm drainage facilities for the intensity to which it is heing rezoned. The Coultas property is in the service area for thc Bainhridge Island city water and public sewer facilities. Any project developed in the Light Manufacturing Zone would havc to provide adequate access to those water and sewer services and adequate fire now for tire protection with the approval of the Bainbridge Island Fire Department. Clearly tire 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 drainagc facilities would have to meet thc requircments ofBlMC 15.20 and 15.21 providing for R EZ I 1-1)~-q9-1 Thomas Coultas Hearing Examiner City of Bainhridge Island Page _hR storm water management on the site. These requirements would be reviewed at the time of a specitie projcct application. The topography of the site and its size and location indicate that it is a site on which adequate facilities tar water, tire protection. sewage disposal and storm water containment could be provided by a potential applicant. The Tramc Study has shown, at maximum development. this site would contributc a modest traffic impact to surrounding roadways and would not changc the Level of Service on any of the adjoining roads. 9. B1l\lC 18.114.040.(F): The rezone is in accord with the Comprehensive Plan. A Comprehensive Plan Amcndment 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 requcst 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 tar 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. I]. BIMC 18.114.040.(H): The rezone would not devalue surrounding or nearhy 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 tar surrounding properties so that their values will be retaincd. Development standards for a light manufacturing project at this site include substantial butTers and open space. A portion of the Coultas property is presently being farmed as a trec farm and as pasturc land. This portion of the property is located mainly along thc south propcrty line and crcatcs a scenic vista for property owners in the vicinity as they drive by on Ne\\ Brooklyn Road. A rcstriction on the dcvelopment of this property for light manufacturing REZ II-O~-yq-l Thomas C'oult:tS Hearing Examiner City of Bainbridge Island PJ.g-: -7- purpos~s has bcen placed on the property by the City Council as a condition to their approval of the Comprehensive Plan Amendment. This condition rcquires that the Coultas propcrty r~tain in Opcn Spacc the tree farm and pasture land now located along thc south property line. The Open Space required to be retained on the property in any development of the site tar light manufacturing use must designate a majority of the required Open Space on the south half of the parcels to preserve this agricuituraluse. The Northtown Woods subdivision application was tiled 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.(1): 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 tar the Light Manufacturing Zone. During the review process tar 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 SEP A 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. RECOMMENDA nON The Hearing Examiner now recommends approval of this application for rezone changing thc 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 he attached to this rezone approval as follows: An." de\'elopment o(these parcelsjiJr Light Mam!/acturing uses must set aside as the required Open Space/I" the project. an area on the solllh one halfofboth parcels to allo\\' the col1linuance o(the operation o(the tree farm and pasture Rl-.7 II-O~-99-1 Thom:'Is Coultas Hearing Examiner City of Bainbridge Island P:lge -x- lands I" lI!ointointhe scellic vistas preselltly elljoyed hy users at New Brook~vll Rood Buildings. parking, storage alld other struc/ures included ill Ihe Light Afanutilcturing development lIIusl he located predominanlly on the north one hal( ,,(rhe 11\'() parcels. Dated this 14'" day of January, 2UUO. By: n j, ~ J,/, . I I n MR'-'-'--"- \A..(,'Y\i~) Ie 1 Robin Thomas Baker Hearing Examiner Pro Tern City of Bainbridge Island REZ II-U~-'I'I-I Thomas Coult:,s Hearing Examiner City of Bainbridge Island Pag..: _4_