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HomeMy WebLinkAbout2987 RESOLUTION NO. fl q 87 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting findings of fact and continuing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for development over 40 feet in height in the area designated with 60 foot height limits within the City of Bremerton. Such area being MR zoned properties east of and including those properties abutting Pleasant, south of 11 th Street, north of 6th Street and east to the shoreline. WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption; and WHEREAS, on November 30, 2005, the City Council approved a motion imposing a moratorium barring acceptance or approval of any building, land use, or development permit for development over 40 feet in height in the area designated with 60 foot height limits within the City ofBremerton until additional review has been completed and any necessary code revisions have been adopted by the City Council implementing design guidelines for development in the area so designated with the 60 foot height limit. Such area subject to the moratorium being MR zoned properties east of and including those properties abutting Pleasant, south of 11 th Street, north of 6th Street and east to the shoreline; and WHEREAS, the moratorium became effective upon the effective date of Ordinance No. 4950, which was December 13, 2005; and WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty days of adoption of the moratorium; and WHEREAS, a public hearing was held on February 1, 2006, before the Bremerton City Council; and WHEREAS, the City Council has considered written comments and public testimony and finds it is in the best interest of the City of Bremerton to continue the moratorium for the protection of the health, safety, and general welfare of the community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: 1 60 Foot Building Height Moratorium Continuation SECTION 1. Recitals and Finding of Fact Incorporated. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Findings of Fact. The City Council hereby adopts the following findings of fact: 1. The City Council is currently reviewing its policies under the zoning code with regard to design guidelines for development in the area so designated in the moratorium with the 60 foot height limit; and 2. The existing character of the Highland / Pleasant Avenue neighborhood is predominately single-family, detached housing up to 35 feet high; and 3. During public hearings on the adoption of the new zoning code, there was substantial public testimony in favor and in opposition to heights over 40 feet; and 4. Within the moratorium area, the City Council is concerned about the potential impacts to public health, safety, and general welfare that development of 40 feet in height may create; and 5. The Bremerton Municipal Code does not contain provisions to adequately address the various impacts that development over 40 feet present and the protection of the public health, safety, and general welfare would be jeopardized by allowing development over 40 feet prior to a review of the matter and possible adoption of new design guidelines by the City Council; and 6. At the direction of the City Council, the Department of Community Development has initiated a stakeholder planning process with public involvement to prepare new design guidelines, and 7. Public meetings were held on December 29,2005, and January 9,2006, that were well-attended by neighborhood residents, property owners, and other interests to provide direction on new design guidelines, and 8. A ten-member stakeholder committee has commenced to prepare draft guidelines based on comments from the public meetings, and 9. The protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for issuance of any building, land use, or development permit or approval under the Bremerton Municipal Code for development over 40 feet in height in the area designated with 60 foot height limits within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and 10. RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and 11. The purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determine whether any additional, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible restrictions to regulate such uses. SECTION 3. Continuation of Moratorium. Based on the findings of fact adopted in Section 2, the City Council hereby determines that it is necessary for the moratorium enacted by motion on November 30, 2005, to remain in effect for a four month period from its effective date. Accordingly, the moratorium shall not expire until midnight on April 13, 2006, unless the moratorium is shortened or extended by action of the City Councilor until the effective date of any ordinance or resolution establishing design guidelines for development over 2 60 Foot Building Height Moratorium Continuation 40 feet in height in the area designated with 60 foot height limits within the City ofBremerton, which ever is sooner. During said moratorium, no building, land use, or development permit or approval shall be issued, nor shall any such permit or application be accepted for any land use permit or approval for the purpose of development over 40 feet in height in the area designated with 60 foot height limits within the City of Bremerton. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this .J4:t" daYOf\.jJ"fM.m'L~ ,2006. ~ -, ~ C CECIL McCO LL, ~ounci President APPROVED AS TO FORM: ATTEST: tomey R:\Legal\Legal\Resolutions\Community Development\60 Foot Height Moratorium Continuation.doc 3 60 Foot Building Height Moratorium Continuation