HomeMy WebLinkAbout08/15/01 AGENDA CITY COUNCIL MEETING AGENDA
AUGUST 15, 2001
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA - There are no Consent Agenda items this week
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. COUNCIL COMMITTEE REPORTS
7. MAYOR'S REPORT
8. LEGISLATIVE REPORT
9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) p~,~
10. PUBLIC HEARINGS - RESOLUTIONS
A. Resolution No. 2834, Regarding Recovery of Fees for Removal of Vegetation from ]
Multiple Properties Identified on "Property Identification List" (#AB01-184)
11. PUBLIC HEARINGS - ORDINANCES & APPEALS
A. Ordinance No. 4773 (Second Reading), Amending the Zoning Code Text by modifying [,,~
Open Space requirements of any development having a total gross area greater than one-
acre [PL01-0017] (#AB01-170)
12. ADJOURNMENT OF MEETING
COUNCIL WILL CONTINUE THE MEETING IN THE COUNCIL CONFERENCE ROOM TO HOLD A
30-MINUTE STUDY SESSION TO DISCUSS THE "PROPOSED COUNCIL OFFICE LA YOUT IN
THE GOVERNMENT CENTER"
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing FOR AGENDA OF: AUGUST 15~ 2001
Resolution # G~.~ ~-~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept.
removal of vegetation on the listed properties. ORIGINATOR: Al Duke
DATE SUBMITTED:
2. CLEARANCES: (Comm~.n~ onn back if 3. EXHIBITS:
necessary) /~* [
Fire Chief: (fi~~-)~ 1. Resolution # ~-~
City Clerk:,. //,,., /,,,, /~ ~.~. 2. Property Identification List
Interim
City
Atty~-__~/~/',Z~C- 3. Photos
ENDORSEMENT ___~'iNFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
~UMMARY ~TTATEMENT AND REQUIREMENT ~
Ordinance ~4~84 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding
twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats,
rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the
ordinance and pursuant to Section 9.14 of the Bremertou Municipal Code. The legal requirements for notice were met.
Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by
personal judgment against the owner and a lien against the property.
RECOMMENDATION:
I move that Council pass Resolution # o9=~..~Z/~, ordering that the nuisance vegetation on the
properties identified by the attached listing be removed by the City with fees incurred collected as
reasonable abatement costs, which shall become a personal judgment against the owner and a lien
against the property.
9. RESPONSIBLE OFFICIAL: Al Duke ·
ENFORCEMENT OFFICIAL: Al Duke
EXPIRATION DATE: N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION
PULLED ~ TABLED ~ APPROVED DISAPPROVED AMENDED ~m~ ~
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO.: L)/- /ff~
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Ordinance #4584 would not be enforced and nuisance vegetation would continue to thrive in the
City of Bremerton.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
7. RESEARCH SOURCES:
N/A
RESOLUTION
A RESOLUTION approving nuisance vegetation abatement on the listed
properties and determining means of collection of costs incurred for its
removal.
WHEREAS, the City of Bremerton passed ordinance/t4584 in February of 1997, which declares certain
vegetation a public nuisance, a fire hazard and a menace to public health, safety and welfare and requiring its
abatement; and
WHEREAS, Section 9.14 of the Bremerton Municipal Code allows the City to remove nuisance
vegetation and recoup the costs by personal judgment against the property owner and as a lien against the
property; and
WHEREAS, the City Council is charged with determining whether the vegetation is a nuisance and
whether it shall be removed and has considered the report filed by the Building Official and any protests or
objections filed; now therefore
BE IT RESOLVED, by the City Council of the City of Bremerton:
1. That the vegetation shown to exist on the attached listed properties is a nuisance.
2. That the City of Bremerton will exercise its right to remove said nuisance vegetation and recapture
abatement fees by pursuing a personal judgment against the property owner and filing a lien against the
property.
PASSED, by the City Council of the City of Bremerton this day of .,
20
JOHN LAW
Council President
WEED ABATEMENT LISTING
AUGUST 8, 2001
ADDRESS OWNER
1. 4014 Bledsoe Western Sunrise Mortgage
550 Kirkland Way Suite 400
Kirkland, WA 98033
2. 908 Hewitt Derith Covington
908 Hewitt Avenue
Bremerton, WA 98312
3. 927 Highland Linda Lobdell Tissell
1215 S. 129th Street
Seattle, WA 98168
4. 931 Highland Linda Lobdell Tiss¢ll
1215 S. 129th Street
Seattle, WA 98168
5. 1416 Lindberg Place Troy Yowell
1416 Lindberg Place
Bremerton, WA 98310
6. 1541/1543 Olympic Philip R. Brown
426 Saturn Lane NE
Bremerton, WA 98311
7. 955 Pleasant Virgilio and Divina Esteves
1161 C Papaya Pl.
Honolulu, HI 86818
8. 1102 Pleasant Norman Jack Lee, Jr.
2115 Burwell Place
Bremerton, WA 98312
9. Preble and McCollom Seattle Realty
278 Wilkes Avenue
Bremerton, WA 98312
10. Lot 184 Valley Drive Ricky J. Towne
1131 NW Sherman Hill
Poulsbo, WA 98370
11. 1908 - 4th Street Nettie Hill
1908 - 4th Street
Bremerton, WA 98312
.Ibt~q~~/.2111 - 4th Street Robert Mey
2111 - 4th Street
Bremerton, WA 98312
13. 828 -- 8th Street Raymond and Patricia McGehee
828 - 8th Street
Bremerton, WA 98337
~.L~)q03~/ 2135 E. 21st Douglas2135 E. 21stand StreetMarian Kennedy
Bremerton, WA 98310
5
" AGENDA BILL
BREMERTON CITY COUNCIL J'~'-
I. SUBJECT: Public Hearinq &Ordinance to amend FOR AGENDA OF:
the Zoning Code Text by modifying Open space requirements of DEPT. OF ORIGIN: P&B- Land Use
any development having a total gross area greater than one acre. ORIGINATOR: Chris Hu.qo, Director
DATE SUBMITTED: July, 18 2001
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
.~P&B Director: ~~ o PC Findings & Conclusions
City Attorney~~ o PC Minutes July 17, 2001
City Clerk: k ~"~.,~. (' j2·, ~ / ,,,,/ o Staff Repo~
Fiscal & SudCet~oun~i~Comm.7- ~i~~ o Ordinance tp 8mend Zoning Text
· .
Operabons Comm..
ENDORSEMENT ~ INFORMATION APPROVED BY COUNCI~ESIDENT FOR SUBMITTAL:
4. S b M~MARY ~AS~N~+~D
The City of Bremedon Amendment Application PL01-0017 requests modifications to Section 21.01.750, Open
Space, to allow inclusion of required buffers and yard setback areas in the minimum 15 percent open space of the
total gross area of any development having a total gross area greater than one acre; and to delete reference to
active an~ passive areas; and to delete the requirement for recreational open space.
The Planning Commission has reviewed this proposal, conducted a public hearing and adopted Findings &
Conclusions at their July 17, 2001 meeting, and recommends City Council approval. The Council must conduct a
public hearing prior to its final decision and action on the proposed Ordinance.
5. RECOMMENDATION:
Move to {~ 5'S attached Ordinance # 4'773 _on _,~ readina. ~,¢vt~,V~t ~ ~,
~ 6. RESPONSIBLE OFFIClALY Christopher R. Hugo
ENFORCEMENT OFFICIAL:
EXPIATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION
//~
COUNCIL DIRECTIVE: DATE: I ~ · ~
8. AGENDA BILL NO.: 0(- 170
9. CLEARANCE COMMENTS:
10. IMPACT OF NON-PASSAGE:
If the proposed ordinance is not approved, the city will lose the capability .............
11. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The proposed amendment will create no operational changes for the city.
12. RESEARCH SOURCES:
Comprehensive Plan
Zoning Ordinance
File
Site Visits
7
ORDINANCE NO.
AN ORDINANCE of the Bremerton City Council amending the Zoning Code, Chapter 21.02.750
Open Space, of the Bremerton Municipal Code, to allow inclusion of required buffers and
yard setback areas in the minimum fifteen percent (15%) open space of the total gross
area in any development having a total gross area greater than one acre; and to delete
reference to active and passive areas; and to delete the requirement for recreational
open space.
The City Council of Bremerton makes the following findings:
WHEREAS, The open space requirement in BMC Section 21.02.750 does not distinguish
between residential and commercial uses; and
WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive
recreational activities serves no public purpose in large commercial developments in which the owners
and tenants are either not on the premises or fully engaged in the conduct of business; and
WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive
recreational activities is appropriate for large residential developments in which the owner or tenant
residents receive direct benefits from this requirement; and
WHEREAS, The proposed amendment appropriately maintains the open space requirement for
large residential projects that benefit by access to active and passive recreation amenities and removes
the requirement from commercial developments that receive no benefit from this requirement; and
WHEREAS, There is no policy foundation in the Bremerton Comprehensive Plan for the
requirement in large commercial developments for open space for recreational purposes; and
WHEREAS, This section's intent to preserve natural site amenities such as ponds, rock
outcroppings, ravines and similar features is largely covered in commercial developments by site
development regulations in the City's critical area ordinance; and
WHEREAS, By other requirements of the Zoning Code, large commercial development sites
include landscaped setbacks and landscaping of parking areas to promote compatibility with surrounding
areas; and
WHEREAS, The proposed zoning text amendment is more consistent with the Comprehensive
Plan than the existing code requirements for open space amenities in large developments; and
WHEREAS, The proposal satisfies the decision criteria for a text amendment, as the proposed
amended regulation is more consistent with the Comprehensive Plan than the existing text; and
WHEREAS, The Bremerton Planning Commission, during their regularly scheduled meeting on
July 17, 2001, taking into consideration previous public hearing testimony, determined that this text
amendment request was consistent with the Comprehensive Plan and with the City's Development
Regulation Amendment criteria, contained in BMC 21.02.925, adopted Findings and Conclusions in
support of its recommendation to approve this Development Regulation Amendment; and
WHEREAS, the Bremerton City Council conducted a public hearing on August 1,2001, to accept
public comments pertaining to the proposed Development Regulation Amendment to consider the
Planning Commission's recommendation; now therefore:
THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING:
Section 1: That the Bremerton Municipal Code (BMC), Zoning, Chapter 21.02.750 Open
Space, be amended to read as follows:
SECTION 21.02. 750 LARGE DEVELOPMENT OPEN SPACE AND LANDSCAPING
The following Open Space and Landscapin.q requirements shall apply to ~,' residential and
commercial development having a total gross area greater than one acre:
(a) Residential Uses, Open Space Requirements:
(1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area
of the residential development dedicated or otherwise provided as common open space,
accessible to all owners or tenants of the development.
2/~ (-b-) Active and Passive Areas: The open space areas shall be provided for active as well as
passive recreational activities, and for the preservation of existing natural site amenities
whenever possible.
~ (c:,) Designated Open Space shall not include:
i_. (--1-) Streets, alleys and other rights-of-way
ii_. (2-) Vehicular driveways, parking, loading and storage areas.
iii~ 6=3-) Required buffering and landscaping for parking areas.
iv._=. (4-) Required yard setback areas.
~ (-eL) Location of Open Space: The open space and supporting facilities intended for
recreational use shall be designed and located to not adversely impact surrounding land
uses, especially existing residential uses.
~ (-e-) Natural Site Amenities: Natural site amenities shall be preserved to the greatest extent
practical when planning for open space, siting of buildings and other structures, routing
underground services, and determining finished grade levels and areas to be paved. Natural
site amenities might include rock outcroppings, ravines, groves of trees, ponds or streams.
(6) ¢--) Site Plan Review and Approval: Proposed open space areas and their intended uses shall
be clearly designated on the Site Plan. The City will base its approval of the proposed active
or recreational open space on the dimension, useability (sic), location, slope, and physical
improvements. Up to one-third of the property intended to satisfy the open space requirement
can be unsuitable for recreational purposes if consisting of natural site amenities.
(7) (-g-) Phased Development: When a project is constructed in phases, common open space
shall not be less than fifteen percent (15%) of the total area developed in each phase, and
must be completed in accordance with approved specifications at the time of completion of
each phase.
(8) (-h-) Provisions shall be made for the perpetual maintenance of all common open space areas.
(b) Commercial Uses, Total Landscape Area:
(1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area
of the commercial development dedicated or otherwise provided as landscaping. This may
include required yard setback areas and required buffering and landscaping for parking areas.
Section 2: The effective date of this Ordinance shall be ten (10) days from the date of
passage and publication by the Mayor and City Council.
APPROVED by the City Council of the City of Bremerton this day of ,2001.
PASSED by the City Council of the City of Bremer~on this __ day of ., 2001.
JOHN LAW
City Council President
APPROVED this __ day of ,2001.
LYNN S. HORTON
ATTEST: Mayor
KATHLEEN McCLUSKEY
City Clerk
BREMERTON PLANNING COMMISSION
FINDINGS AND CONCLUSIONS
PL01-0017: Proposed zoning code text amendment to modify BMC Section
21.02.750 Open Space to allow inclusion of required buffers and yard
setback areas in the minimum 15 percent open space of the total gross area
of any residential development having a total gross area greater than one
acre; and to delete reference to active and passive areas and the
requirement for recreational open space for commercial uses larger than
one acre.
FINDINGS:
1. The open space requirement in BMC Section 21.02.750 does not
distinguish between residential and commercial uses.
2. There is no operational linkage between owners and tenants of
commercial developments and the open space provided as part of the
intent for providing this space is to accommodate active and passive
recreational activities.
3. Owners and tenants of large residential projects directly benefit from the
inclusion of open space within the development for both active and
passive recreation.
4. This section's intent to preserve natural site amenities such as ponds,
rock outcroppings, ravines and similar features is largely covered in
commercial developments by site development regulations in the City's
critical area codes.
5. By other requirements of the zoning code, large commercial
development sites include landscaped setbacks and landscaping of
parking areas to promote compatibility with surrounding areas.
6. There is no policy foundation in the Bremerton Comprehensive Plan for
the requirement in large commercial developments for open space for
recreational purposes.
7. The proposal satisfies the decision criteria for a text amendment, as the
proposed amended regulation is more consistent with the
Comprehensive Plan than the current one.
CONCLUSIONS:
1. The existing requirement in BMC 21.02.750 for open space for active
and passive recreational activities is appropriate for large residential
developments in which the owner or tenant residents directly benefit.
2. The existing requirement in BMC 21.02.750 for open space for active
and passive recreational activities serves no public purpose in large
commercial developments in which the owners and tenants are either
not on the premises or fully engaged in the conduct of business.
3. The proposed amendment appropriately maintains the open space
requirement for large residential projects that benefit by access to active
and passive recreation amenities and removes the requirement from
commercial develoPments that receive no benefit from this requirement.
4. The proposed zoning text amendment is more consistent with the
Comprehensive Plan than the existing code requirements for open
space amenities in large developments.
Approved bythe Bremerton Planning Commission on ~'"(.~/~f ~"0(
Attest:
PLANNING AND BUILDING DEPARTMENT
2001 ZONING TEXT AMENDMENT
STAFF REPORT
APPLICANT OR PROPONENT (FILE NUMBERS): City of Bremerton (PL01-0017)
DATE OF REPORT: Apdl 25, 2001 (Revised, May 4, 2001)
PROPOSAL: Proposed zoning code text amendment to modify Section
21.02.750 Open Space to allow inclusion of required buffers
and yard setback areas in the minimum 15 percent open space
of the total gross area of any residential development having a
total gross area greater than one acre; and to delete reference
to active and passive areas and the requirement for
recreational open space for commercial uses larger than one
acre.
CONTACT: City of Bremerton Department of Planning and Building; (360) 478-5275
LOCATION OF PROPOSAL: This proposal applies to all development of sites within the city
with a gross area greater than one acre.
BACKGROUND: The Zoning Code adopted in 1998 to implement the Comprehensive
Plan specifies that all development sites "having a total gross area
greater than one acre" shall provide "a minimum of fifteen percent (15%)
of the total gross area of the development dedicated or otherwise
provided as common open space, accessible to all owners or tenants of
the development." This dedication is specified to be in addition to the
open space created by required yards as well as those landscaped
areas required for buffering parking areas. Further, the open space shall
be provided for both active and passive recreational activities and for the
preservation of existing natural site amenities 'whenever possible."
This requirement raises several questions. The first question is "What
purpose does the requirement serve?" An examination of the
Comprehensive Plan provides no explanation - there are no explicit
policy directions that provide a foundation for this requirement. Is it to
mitigate the scale of large developments, to provide pervious area to
offset the extent of pervious surface, to provide amenities in response to
new site-generated demands, or to protect natural areas?
The zoning text speaks most actively to recreation amenities and
protection of natural areas. However, many proposed developments in
Bremerton are redevelopments of existing sites. There are no natural
areas to protect. The focus on recreation amenities is probably
consistent with large residential projects, but what operational link is
there to commercial projects? The text specifies that the open space
shall be "accessible to all owners or tenants," not customers. This
strongly suggests that this is a requirement directed at residential uses.
The proposed text amendment provides a short-term remedy for the
ambiguity in purpose presented by this requirement. The amendment
makes a distinction between residential and commercial uses and
removes references to active and passive areas as well as required
recreational open space for commercial uses entirely. Yards and parking
buffers may be included in the calculation of 15% of the site area for
commercial uses only. This more strongly ties the open space
requirement to an overall purpose of softening the impact of large-scale
commercial projects on the surrounding neighborhood.
The provisions for active and passive areas as well as required
recreational open space seem only relevant to residential uses, and a
further study should be conducted to insure that the requirements are
supported by Plan policy and respond to a legitimate community need. In
the interim, the proposed amendment retains these requirements.
The protection of natural areas that exhibit environmentally sensitive
conditions is a GMA requirement and should be fully addressed in the
City's Critical Areas ordinances. The proposed zoning text amendment
does not reduce the City's obligation to protect these natural areas.
Storm water management is another development issue that may pose
additional requirements for pervious areas on development sites.
All of these issues will be addressed in the mandated review of the
Comprehensive Plan and implementing regulations to be concluded by
September of 2002.
DATE AND METHODS OF LEGAL NOTICE: Notice of this application was printed in the legal
notice section of the West Sound Sun on Apdl 7 and 21 and May 5, 2001.
ENVIRONMENTAL DETERMINATION (SEPA): A Determination of Non-Significance was
issued for this non-proiect action in accordance with WAC 197-11 on April 26, 2001.
DECISION CRITERIA: There are two criteda that must be satisfied to approve an
amendment of development regulations in the zoning code. Both of them relate to
consistency with the Comprehensive Plan and its implementing regulations.
The primary associations between this proposed change in development standards and
the goals and policies of the Comprehensive Plan are in the area of land use efficiency
and environmental quality. This amendment could produce small reductions in the
amount of required site area, land that could be used for other urban purposes.
However, this reduction in pervious surface area increases the overall percentage of
impervious surface for the total site. This produces a greater reliance on storm water
mitigation through techniques other than dedicated pervious surfaces.
STAFF REPORT PREPARED BY: Chris Hu.qo, Director
PROPOSED ZONING TEXT AMENDMENT:.
Revise the provisions of BMC 21.02. 750 Open Space as indicated below:
21.02.750 LARGE DEVELOPMENT OPEN SPACE AND LANDSCAPING
The following Open Space and Landscaping requirements shall apply to aP, y
residential and commercial development having a total gross area greater than one
acre:
(a) Residential Uses, Open Space Requirements:
(1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the
total gross area of the residential development dedicated or otherwise
provided as common open space, accessible to all owners or tenants of the
development.
(2) (b-) Active and Passive Areas: The open space areas shall be provided for
active as well as passive recreational activities, and for the preservation of
existing natural site amenities whenever possible.
(3) /'-~,..,, Designated Open Space shall not include:
i_. {--I-) Streets, alleys and other rights-of-way
ii. /'~ Vehicular driveways, parking, loading and storage areas.
iii. /'~ Required buffering and landscaping for parking areas.
iv..~ (4) Required yard setback areas.
(4),..,/a~ Location of Open Space: The open space and supporting facilities
intended for recreational use shall be designed and located to not adversely
impact surrounding land uses, especially existing residential uses.
(5) (e-) Natural Site Amenities: Natural site amenities shall be preserved to the
greatest extent practical when planning for open space, siting of buildings and
other structures, routing underground services, and determining finished
grade levels and areas to be paved. Natural site amenities might include rock
outcroppings, ravines, groves of trees, ponds or streams.
(6) (-f) Site Plan Review and Approval: Proposed open space areas and their
intended uses shall be clearly designated on the Site Plan. The City will base
its approval of the proposed active or recreational open space on the
dimension, useability (sic), location, slope, and physical improvements. Up to
one-third of the property intended to satisfy the open space requirement can
be unsuitable for recreational purposes if consisting of natural site amenities.
(7) (-~ Phased Development: When a project is constructed in phases, common
open space shall not be less than fifteen percent (15%) of the total area
developed in each phase, and must be completed in accordance with
approved specifications at the time of completion of each phase.
(8) ~,/~'~,! Provisions shall be made for the perpetual maintenance of all common
open space areas.
(b) Commercial Uses, Total Landscape Area:
(1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the
total gross area of the commercial development dedicated or otherwise provided
as landscaping. This may include required yard setback areas and required
buffering and landscaping for parking areas.
CITY COUNCIL MEETING
AUGUST 15, 2001
SPEAKERS LIST
If you have a question that may require a written response, please provide your mailing address.
Thank you.
NAME TELEPHONE TOPIC
1. ~.~ M, --~~ ~' 779- 788fl 477~ d4797__
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Reminder: The next Council Meeting will be on Wednesday, August 22"a