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HomeMy WebLinkAbout4713 ORDINANCE NO. 4 7 ] ~ ORDINANCE APPROVING AMENDMENTS TO THE ZONING CODE, BREMERTON MUNICIPAL CODE CHAPTER 21.02, TO AUTHORIZE THE EXTENSION OF TIME PERIODS IN DEVELOPMENT AGREEMENTS FOR PROJECT APPROVALS AND PERMITS. WHEREAS, RCW 36.70B. 170 authorizes the making of development agreements with persons having ownership or control of real property within the City's jurisdiction, and WHEREAS, the City of Bremerton has adopted a development agreement ordinance, Ordinance No. 4567, amended September 19, 1996, which is codified at Bremerton Municipal Code 21.02.900, and WHEREAS, under both RCW 36.70B. 170 and BMC 21.02.900, a development agreement must specify the build-out or vesting period, and WHEREAS, under BMC 21.02.520, certain time limits apply to planned unit development approvals and permits, and WHEREAS, for some projects, it will further the public health, welfare, and safety if the City has the flexibility in making development agreements to extend the otherwise applicable time limits for project approvals and permits, and WHEREAS, under RCW 36.70B. 170, a development agreement must be consistent with applicable development regulations adopted by the City, and WHEREAS, under RCW 58.17.140, the City may adopt procedures that would allow extensions of time for obtaining final plat approvals, which may or may not contain additional or altered conditions and requirements, and WHEREAS, a development agreement under RCW 36.70B. 170 and BMC 21.02.900 may or may not contain additional or altered conditions and requirements for final plat approvals and other project approvals and permits, now, therefore, BE IT ORDAINED BY THE BREMERTON CITY COUNCIL Section 1. That BMC 21.02.900(c)(8) is hereby amended to provide as follows: (8) The build-out or vesting period during which the agreement will be in effect. The agreement may extend otherwise applicable time limits for project approvals and permits, including 46183~5102~BREMERTON CODE AMENDMENT DOC/5 30.00 without limitation (A) the duration of preliminary plan approvals, preliminary plat approvals, and other approvals and permits, (B) deadlines for filing final plans, final plats, and other applications and designs, and (C) deadlines for commencing and completing the development of an approved final plan, final plat, or other project. Section 2. That BMC 21.02.520 is hereby amended by the addition of a new .~uh~ection (c), as follows: (c) Modification of Time Limits by Development Agreement: The foregoing time limits may be extended, in the discretion of the City Council and in furthering the public health, welfare, and safety, in a development agreement between the City and the applicant or property owner. Section 3. This ordinance shall take effect 10 days from passage and publication. APPROVED by the City Council on the first reading this~ay of ~e~, 2000. PASSED by the City Council of the City of Bremerton this/~:~ay of~~.t~ , 2000. Carol Arends Council President APPROVED by the Mayor this/c~ day of~, 2000. LYNN HORTON, MAYOR ATTEST: BREMERTON CITY C~ERK .~tJ[~L~T~0N DAT~ ~ 46183\5102\BREMERTON CODE AMENDMENT DOC/5 30 00