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