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HomeMy WebLinkAbout01-026 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: January 24,2001 ORIGINATING DEPT: BPD Appeal of Determination ORIGINATOR: Clyde W. Stricklin of Non-significance DATE SUBMITTED: January 18,2000 Nance Weslon Place Plan Amendment 2. CLE~J{ANCES: (comment on back 3. EXHIBITS: ~~~ if necessary) 1) Proposed FOF, COL, And Order~ ,/ __,~--. 2) Proposed Plan Map Amendment ~i~__~USiQ,~Directo~_~PD 3) DNS/SEPA Checklist/Notices \~%~---~ - 4) Applicant's Appeal A's~is%aht C'ity Attorney ENDORSEMENT__ INFORMATION__ APPROVED BY COUNCIL P~IDENT FO~ SUBMITTAL: YOR CO=CIL PRESIDEN _ 4. SUMMARy STATEMENT liND REQUIREMENT FOR COUNCIL~TiON: The City received an application for a comprehensive plan amendment from Roger Nance and Victor Target. An Environmental Checklist in the format required by the WAC as adopted by the BMC was reviewed by the city staff and a determination of non-significance issued by the director of BPD on 12/11/2000. (See exhibits 2 and 3). The BMC authorizes one open record appeal to the City Council of a determination of non-significance which is a type two Administrative Decision. An appeal was filed in a timely manner by Paul Scheyer and Helen Miller. (See Exhibit 4.) The comprehensive plan amendment application itself is being considered by the planning contmission with other comprehensive plan amendment applications and is subject of this appeal. See continuation... ~u~~. not the 5. RECOMMENDATION: I move that the appeal of the DNS issued by the Director of BPD for the Nance Weslon Place comprehensive plan amendments application be denied and the attached Findings of Fact conclusions of law and order be adopted. 6. RESPONSIBLE OFFICIAL: Director BPD ENFORCEMENT OFFICIAL: Director BPD EXPIP, ATION DATE: NA REVIEW DATE: NA 7. NOTICE OF ACTION PULLED __ TABLED APPROVED~/ DISAPPROVED AMENDED COUNCIL DIRECTIVEz . DATE' 2. CLEARANCE COMMENTS (cont.): None 4. SUMMARY STATEMENT (cont.): At issue: An Appeal has been filed of the Determination of Non-significance for the Victor Target and Roger Nance Plan amendment application for Weslon Place. On the city form the Appellant alleges that the Determination of Non- significance is invalid because: 1. There is a "SEPA timing Problem.~ 2. '~Lack of process per Critical land ordinance." 3. "Lack of storm water review per City Storm Water Ordinance and DOE requirements~, 4. ~Failure to evaluate cumulative impact on the remaining single family residents of Weslon Place". 5. ~Lack of SEPA review for Boundary Line Adjustment" and also 6. "Lack of compliance with BMC 21.0-2.845(b).~ Appellants also indicate their believe that ~Boundary line adjustments are not SEPA Exempt." No other written statements or documentation were submitted with the appeal. The appeal was filed in a timely manner. The applicants relief sought is '~Reprocess application in conformance with all existing regulations giving due and proper consideration to the requirements for an environmental impact statement" 10. IMPACT ON NON-PASSAGE: Up holding the appeal would not accomplish any purpose. A new Checklist would be required but another new publication of the Determination of Non significance is not required because the checklist would only provide additional information with the same conclusion. WAC 197-11-340(3) (c) only requires additional notice is the DNS is withdrawn or revised. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Additional staff time would be involved to redraft the checklist. 12. RESEARCH SOURCES: SEPA Rules Chapter 197-11 Specifically WAC 197-11-680 Appeals, WAC 197-11- 060 (c) (Optional), WAC 197-11-060 (4) Impacts. See exhibits and the City of Bremerton Comprehensive Plan, Housing Element and Commercial lands pages 42-43.and the Plan Environmental Impact Statement 1995.Also of Record the Critical Lands Ordinance and City of Bremerton Storm Water Regulations.