STAFF REPORT Permit Number: 15 00380 Ryan DATE: November 9, 2015 TO: FROM: Kitsap County Board of Commissioners; Kitsap County Planning Commission Katrina Knutson, AICP, Senior Planner, DCD and Jeff Arango, AICP, Senior Associate, BERK Consulting RE: Ryan Reclassification Request APPLICATION INFORMATION 1. Applicant Name: Patrick E. Ryan (applicant and owner) 2. Parcel Number: 322401-4-084-2000 3. Address or location information: 3900 Sam Christopherson Avenue West, Bremerton; see Attachment 1. 4. Current Land Use: Residential; see Attachment 3. 5. Current Comprehensive Plan Map Designation: Urban Low-Density Residential 6. Proposed Comprehensive Plan Map Designation: Urban High Intensity Commercial/Mixed Use 7. Current Zoning: Urban Restricted (UR); see Attachment 4. 8. Proposed Zoning: Highway Tourist Commercial (HTC); see Attachment 5. 9. Lot size: 0.53 acres 10. Comprehensive Plan Alternatives: Included as part of the 2016 Comprehensive Plan Update Supplemental Environmental Impact Statement (SEIS) Alternative 3. Submitted Application Materials Project Application Site-specific Amendment Criteria Ownership Certification Environmental Checklist 1
Application Request PERMIT NUMBER: 15 00380 RYAN The applicant is requesting a Comprehensive Plan Map amendment from Urban Low-Density Residential to Urban High-Intensity Commercial/Mixed-Use and a Zoning Map amendment from Urban Restricted (UR) to Highway Tourist Commercial (HTC). BACKGROUND The subject property of 0.53 acres is located along Sam Christopherson Avenue W near the intersection with SR 3 and is within the City of Bremerton Urban Growth Area (UGA). The site is also within the Gorst subarea planning area and the land use and zoning designation were amended following completion of the Gorst Subarea Plan in 2013. The Gorst Subarea Plan was adopted both by Kitsap County and the City of Bremerton. The subject property is currently zoned UR and developed for residential use with a single family detached dwelling and a detached garage/storage unit. The site has existing public water and sewer provided by the City of Bremerton as well as existing power and telephone services. According to Kitsap County maps, the property has environmental constraints including Gorst Creek, a fish bearing stream with associated floodplain area running through the northerly portion of the property (See Attachment 2), potential areas of wetlands, potential moderate geologically hazardous area, and a Category I critical aquifer recharge area. The property was previously zoned HTC until 2013 when it was re-zoned to UR along with surrounding properties following approval of the Gorst Subarea Plan. Surrounding Zoning and Land Use The subject property is adjacent to parcels zoned UR and Mixed-Use (MU). While there are some parcels zoned HTC to the south across state roadways, the subject property is not adjacent to or contiguous to parcels currently zoned HTC. Surrounding properties are largely undeveloped, in residential use or government services. See Exhibit 1. Exhibit 1. Summary of Surrounding Areas Current Zoning and Land Use Surrounding Areas Current Zoning Current Land Use North UR Undeveloped Land/Water East UR Undeveloped Land/Water South Mixed Use (MU) State Highway Interchange; Government and Services West UR Residential Current Future CP and Zoning Designations The current Comprehensive Plan Map designation is Urban Low-Intensity Residential and the current Zoning Map designation is UR. The Comprehensive Plan describes the ULDR designation as: Urban Low-Density Residential (ULDR) designation. This designation primarily focuses on singlefamily dwellings but also may include innovative types such as clustered housing. It also includes regulated environmentally critical areas within the UGAs and other areas identified for low-density urban development. Zones that implement the Urban Low-Density Residential designation include: 2
Urban Restricted Residential, Illahee Greenbelt Zone, Urban Low Residential, Urban Cluster Residential and Senior Living Homestead. The Kitsap County Code describes the UR zoning designation as: Urban Restricted (UR) zoning is applied to areas within urban growth areas that have been identified with a significant concentration of critical areas regulated pursuant to the Title 19, or are planned as greenbelts, and are therefore appropriate for lower-density development. These areas may include significant salmon spawning streams, wetlands and/or steep slopes. Actual densities allowed will be determined at the time of land use approval, following a site-specific analysis and review of potential impacts to the on-site or adjacent critical areas Proposed Future CP and Zoning Designations As described in the current Comprehensive Plan, the proposed Comprehensive Plan Map designation is Urban High-Intensity Commercial/ Mixed-Use and the proposed zoning is HTC. The Comprehensive Plan describes the Urban High-Intensity Commercial/Mixed-Use designation as: Urban High Intensity Commercial/Mixed Use. This designation primarily focuses on larger commercial centers, including commercial uses that require large sites and draw customers at the community and regional scale. Examples of commercial uses appropriate to this designation include but are not limited to superstores, department stores, automotive parts and sales, home improvement stores, hotels and motels, and restaurants. Mixed use developments incorporating residential units are also appropriate in this designation. Zones that implement the Urban High- Intensity Commercial/Mixed Use designation include: Highway Tourist Commercial, Regional Commercial, and Mixed Use. The Kitsap County Code describes the HTC zoning designation as: Highway Tourist Commercial (HTC) is to provide for those commercial establishments which require large sites. This zone serves the shopping and service needs for large sections of the county and provides visitor services and accommodations for both destination and en route travelers. The HTC zone allows high-intensity commercial and mixed-use development while the current UR zone allows primarily lower density residential development. See Error! Reference source not found.. Exhibit 2. Selected Allowed Uses (KCC 17.381.040.A and.b) Selected Uses HTC (proposed zoning) UR (current zoning) Residential Uses Single family dwelling, detached X P Mixed use development ACUP X Hotel/motel P X Home business X P Commercial/Business Uses Automobile repair and car washes P X Espresso stands P X Conference center P X 3
Selected Uses HTC (proposed zoning) UR (current zoning) General retail merchandise stores (less than 4,000 s.f.) P X Restaurants P X Tourism facilities, including outfitter and guide facilities ACUP X Legend: P = Permitted Use, X = Prohibited Use, C = Hearing Examiner Conditional Use, ACUP = Administrative Conditional The UR zone has a minimum lot size requirement along with minimum lot width and depth standards while the HTC does not. The HTC zone allows higher density residential development between 10 and 30 units per acre while the UR zone has a density allowance of between 1 and 5 units per acre. In the Gorst subarea the maximum density may be increased to 10 units per acre and 55% impervious surface coverage in accordance with the incentive program. Both zones have a maximum building height limit of 35. See Exhibit 3. Exhibit 3. Selected Development Standards Comparison (KCC 17.382.060 and 17.382.070) Density and Dimensions HTC (proposed zoning) UR (current zoning) Base/Maximum density (du/acre) 30 5 or 10 Minimum Density (du/acre) 10 1 Minimum lot size (s.f.) NA 5,800 Lot width (feet) NA 60 Lot depth (feet) NA 60 Maximum height (feet) 35 35 Maximum Impervious Surface Coverage (%) 85 45 or 55 EVALUATION Site specific reclassification requests to the Comprehensive Plan must be reviewed in accordance with the criteria outlined in the Kitsap County Code (KCC) Chapter 21.08. Applicable review criteria for site specific reclassification requests are in sections KCC 21.08.070.A and KCC 21.08.070.D. General Criteria (KCC 21.08.070.A) A. General. For each proposed amendment to the Comprehensive Plan the review authority, the planning commission in reaching its recommendation, and the board of commissioners in making its decision, shall develop findings and conclusions, which demonstrate: 1. How circumstances related to the proposed amendment and/or the area in which the property affected by the proposed amendment is located have substantially changed since the adoption of the Comprehensive Plan or applicable development regulations; Circumstances related to the proposed amendment or area in which the property is located have not substantially changed since the adoption of the Comprehensive Plan or development regulations. 4
However, a subarea plan was completed for the Gorst subarea that resulted in the current UR zoning designation for the property. 2. How the assumptions upon which the Comprehensive Plan is based are no longer valid, or there is new information available which was not considered during the adoption of, or during the last annual amendment to, the Comprehensive Plan or development regulations; and The assumptions upon which the Comprehensive Plan is based are still generally valid. Updated growth targets and capacity analysis is being conducted as part of the 2016 Comprehensive Plan update. See Exhibit 5. 3. How the requested redesignation is in the public interest and the proposal is consistent with the Kitsap County Comprehensive Plan. The subject property and surrounding properties were rezoned from HTC to UR following completion of the Gorst Subarea Plan. The site has a high concentration of environmental constraints and is not suitable for the proposed HTC designation. The proposed amendment does not appear to be in the public interest. See the analysis under criteria 1b below for consistency with the Comprehensive Plan. Reclassification Request Criteria (KCC 21.08.070.D) D. Site-Specific Amendments. In addition to the findings and conclusions in subsection (A) of this section, a proposed site-specific map amendment may be recommended for approval by the planning commission and may be approved by the board of commissioners if the following findings are made: 1. All Site-Specific Amendment Requests. Each of the following requirements must be satisfied for a recommendation for approval. a. The proposed amendment meets concurrency requirements for transportation, sewer and water, and will not result in significant adverse impacts on adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services; The subject property already has existing public water and sewer services. The HTC zoning allows higher intensity development and land uses compared to the UR zone. The property was cumulatively studied in the Gorst EIS (City of Bremerton, AECOM, and BERK 2013), and the preferred plan ultimately adopted including UR for the site had a greater balance between residential and commercial uses reduced projected transportation congestion on state routes. In terms of reducing congestion, the mixed use pattern and lower commercial growth provides less congestion and may in the future provide more support to transit use. (Applies to Alternative 3 and Preferred, Final EIS, p. 1-29) 69.25 percent of the state highway miles in Gorst are projected to be deficient under Alternatives 1 and 2 and 61.48 percent are projected to be deficient under Alternative 3 and the Preferred Alternative. (Final EIS, p 3-10) The proposed amendment is in Alternative 3 and is included in the transportation analysis as part of the 2016 Comprehensive Plan Environmental Impact Statement (SEIS). The site is located within close proximity of SR 3, which has projected 2035 deficiencies under Alternative 3. Future improvements to State Routes would need to be made in cooperation with WSDOT. Any transportation improvement projects identified (in cooperation with WSDOT) to address deficiencies expected without the proposal, would also be expected to address the impact resulting from the proposal. 5
b. The proposed amendment is consistent with the balance of the goals, policies and objectives of the current Kitsap County Comprehensive Plan and reflects the local circumstances of the County; Kitsap County Comprehensive Plan Vision Statements Kitsap County s Comprehensive Plan includes vision statements that guide policy for residential and commercial land use. See Exhibit 4. Exhibit 4. County Vision for Rural Areas and Economic Development Vision Urban Areas. Healthy urban areas that are the region's centers for diverse employment and housing opportunities, all levels of education, and civic and cultural activities. Economic Development. A stable, prosperous and diversified economy that provides living wage jobs for residents, supported by adequate land for a range of employment uses and that encourages accomplishment of local economic development goals. Natural Environment. Natural ecosystems including interconnected wetlands, streams, wildlife habitat, and water quality that are rehabilitated, protected, and enhanced and that allow for flexible and innovative development to meet environmental and growth goals. In developed areas, the growth pattern supports conservation of non-renewable energy and minimizes impacts on air quality and climate. Rural Chapter Relationship to Vision Foster housing and population growth in urban areas. Identify land for commercial, industrial and business development, and allows for a variety of uses and development types on those lands. Encourage the creation of mixed use neighborhoods. Preserve opportunities for resource-based economic activities within the County Allow for limited commercial and industrial uses in rural areas, while preserving rural character Provide for protection of natural ecosystems in rural areas through rural designations, through compliance with Kitsap County Water as a Resource Policy (Res.109-2009), and with lower levels of development and lower availability of public services. Source: Kitsap County Comprehensive Plan (December 2012). The proposed zoning amendment does not support the vision for urban areas, economic development, or the natural environment. Designating a single isolated parcel for high-intensity commercial development in an area otherwise designated for low-density residential use does not promote mixed-use neighborhoods and would negatively impact adjacent residential areas. The applicant states in the application that no additional development is proposed. However, if the amendment were approved the existing or future property owner would have the right to develop the property in accordance with the allowed land uses and development standards in the HTC zone. Depending on the type of development there may be negative impacts to the natural environment that compromises the quality of Gorst Creek. Kitsap County Comprehensive Plan Goals and Policies The following comprehensive plan goals and policies are applicable the amendment request: Goal 3. Enact and implement reasonable measures to ensure that growth in urban areas is consistent with Plan growth targets. 6
o PERMIT NUMBER: 15 00380 RYAN Policy LU-9 Consider the need, based on the findings of the Buildable Lands Program, to further evaluate or increase the amount or rate of growth in urban areas, or to modify the County s development regulations to ensure that urban growth does not occur in the rural area. The proposed amendment is not consistent with the above goal and policy as the Bremerton UGA has excess employment capacity under the No Action Alternative. The proposed amendment is included in Alternative 3 that overall results in a significant reduction in employment capacity. The proposed amendment would increase employment capacity when Alternatives 2 and 3 aim to reduce employment capacity. Exhibit 5. Bremerton UGA Adjusted Population and Employment Allocations 2012-2036 Adjusted Growth Target 2012-2036 No Action Alternative Growth Difference with Target Alternative 2 Growth Difference with Target Alternative 3 Growth Difference with Target Population 3,972 4,350 378 3,329 (643) 4,968 996 Employment 1,385 2,456 1,013 1,983 540 1,559 116 Source: Countywide Planning Policies for Kitsap County; US Census 2010; Kitsap County and Cities Permits; BERK 4.2.3 Surface Water Resources o Goal 4. Protect the water quality, flows and ecological integrity of rivers, streams, lakes, wetlands, the Puget Sound and Hood Canal by appropriately regulating through the development review process stormwater and land use while allowing for compatible growth and development. Policy NS-22. Strive to achieve no net loss of wetland function in the short term, and a measurable gain of wetland function in the long term, in the following manner: Avoid direct impacts on wetlands and buffers; minimize direct impacts to wetlands and buffers; and mitigate impacts through creation, restoration, or enhancement of wetlands or buffers. Rezoning to HTC from UR may lead to negative impacts on adjacent wetlands and riparian vegetation along Gorst Creek, which is inconsistent with the County s policies on surface water resources. 4.2.4 Frequently Flooded Areas Goal 6. Prevent land use in floodplains that may degrade water quality during times of flooding. The property is located with the 100-year floodplain of Gorst Creek. The proposed amendment would increase the potential for higher intensity development and land uses that would likely have a negative impact on the properties natural features. c. The subject parcel(s) is suitable for the requested land use designation based upon, but not limited to, access, provision of utilities, consistency with existing and planned uses, environmental constraints and compatibility with the neighborhood; The subject parcel is not consistent with existing or future land uses or zoning designations for surrounding parcels. Adjacent parcels are zoned UR and UM. The proposed HTC zone would create an island of HTC zoning that is not contiguous with other parcels zoned HTC. The subject parcel has many environmental constraints including a 100-year floodplain, potential wetlands, and a fish- 7
bearing stream. The proposed use is not compatible with the surrounding area, most of which is currently in residential use or undeveloped. d. The proposed amendment does not materially affect the land uses and growth projections which are the basis for comprehensive planning, and reflects local circumstances in the county; Due to the small size of the site the proposed amendment would not materially affect land use and growth projects in the County. However, the amendment would increase employment capacity in the Bremerton UGA compared to the No Action Alternative. The County would like to encourage growth and employment in established urban and rural commercial areas through coordinated planning. e. The proposed amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area or the overall area of the urban growth area; The proposed amendment would not create the need for additional urban services, as the site already has public water and sewer services. The amendment would not impact the adequacy or availability of urban services in the area. f. The proposed amendment is consistent with the GMA, Kitsap County-wide Planning Policy, state and local laws and other applicable inter-jurisdictional policies or agreements. The following state and local policies and laws are applicable to the applicant s amendment request. Growth Management Act Planning Goals (RCW 36.70a.020) The following GMA goals are applicable to the application. (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. The subject property is within the Bremerton UGA and is served by adequate public facilities and services. (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, lowdensity development. The subject property is within the Bremerton UGA and is currently designated for low-density urban residential development that is not characterized by sprawl. However, the proposed amendment would amend the designation of an individual single-family residential parcel for high-intensity commercial and mixed-use development that is not contiguous to a commercial or mixed-use area. The amendment would therefore result in disconnected development that is a characteristic of sprawl. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. The subject property is within the Bremerton UGA and is currently designated for low-density urban residential development that is not characterized by sprawl. However, the proposed amendment would amend the designation of an individual single-family residential parcel for high-intensity 8
commercial use and is not in support of an existing business. The amendment would also increase the likelihood of negative impacts on onsite and abutting critical areas. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. The subject property contains many environmental constraints, including a fish-bearing stream with an associated 100-year floodplain and potential wetlands. The proposed amendment is inconsistent with this GMA goal. Kitsap County-wide Planning Policies The following County-wide planning policies are applicable to the application. Element E. Countywide Strategies for Open Space Preservation, Resource Preservation, Critical Areas, Air Quality, and Water Quality/Quantity 2. Conserving and enhancing the County s natural resources, critical areas, water quality/quantity, and environmental amenities while planning for and accommodating sustainable growth: a. The County and the Cities shall protect critical areas (wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, steep slopes, and geologically hazardous areas) and should consider other environmental amenities such as view corridors, canopy cover, and ridgelines. The subject property contains critical areas and allowing high-intensity commercial development on the property would increase the likelihood of adverse impacts and decrease protection for critical areas. 2. All Site-Specific Amendment Requests Regarding Parcels Located Within an Associated Urban Growth Area (Including UGA Expansions of Associated Urban Growth Areas). Each of the following requirements must be satisfied for a recommendation for approval: a. Demonstration from the jurisdiction affiliated with the UGA that the proposal has the capability and capacity to provide urban level services to the area. The subject property is already within the City of Bremerton UGA, and the City has planned and implemented services to the area including water and sewer. The City has already demonstrated an ability to provide urban level services to the area. b. Demonstration that the proposal is consistent with the associated urban growth area jurisdiction s Comprehensive Plan. The City of Bremerton and Kitsap County developed and approved the Gorst Subarea Plan, which is an extension of the Comprehensive Plan. The Gorst Subarea Plan led to the current Urban Low Density Residential land use designation and UR zoning classification. Therefore, the proposed amendment is inconsistent with the City of Bremerton s Comprehensive Plan and Gorst Subarea Plan (and inconsistent with the Kitsap County adopted Gorst Subarea Plan that is coordinated with the City s plan). c. Demonstration that the proposal meets the affiliated jurisdiction s transportation standards. See response to D.1.a. 9
ATTACHMENTS Attachment 1: Aerial Imagery 10
Attachment 2: Building Limitations PERMIT NUMBER: 15 00380 RYAN 11
Attachment 3: Current Land Use 12
Attachment 4: Current Zoning 13
Attachment 5: Proposed Zoning 14