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HomeMy WebLinkAbout4767 ORDINANCE NO. 4767 AN ORDINANCE of the Bremerton City Council amending the Official Zoning Map of the City of Bremerton, Washington, from Residential Medium Density (MF) and General Business (GB) to Mixed Use (MU) for properties along the east frontage of Park Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th' The City Council of Bremerton makes the following findings: WHEREAS, The Central Bremerton Land Use Plan map of the 1995 Bremerton Comprehensive Plan designates properties along the east frontage of Park Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th, as MU Mixed Use; and WHEREAS, The Official Zoning Map designates properties along the east frontage of Park Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th, as MF Residential Medium Density and GB General Business; and WHEREAS, The Washington State Growth Management Act stipulates that cities adopt development regulations that are consistent with adopted comprehensive plans. The City of Bremerton enacted revised Zoning Ordinance 21.02 of the Bremerton Municipal Code on April 14, 1997, to satisfy the statutory requirement for regulatory consistency; and WHEREAS, Figure 090 of the Bremerton Zoning Ordinance BMC 21.02 lists the primary zone classifications that "are considered to be consistent with their related Comprehensive Plan designations", wherein the MX zone is listed as the primary zone to implement the MU designation of the Comprehensive Plan; and WHEREAS, The Land Use Plan map designates the area along 6th Street and to the south as CBD Central Business District. This is the city's most intensive land use district and is intended for a wide range of commercial, higher density residential, and other downtown land uses. The current zoning for this district is BC Business Core; and WHEREAS The current MF zone requires that adjacent properties in more intensive zones provide a side yard setback. The proposed MX zone to implement the MU planned environment requires no setback of uses in adjacent, more intensive zones; and WHEREAS; According to the Land Use Element of the Comprehensive Plan and Figure 090 of BMC 21.02, the appropriate primary zone designation to meet regulatory consistency for properties along the east frontages of Park Avenue between 6th and 11th Streets, exclusive of the northeast corner of 6th Street and Park Avenue, is Mixed Use (MX); and WHEREAS, The proposed area-wide rezone of those east frontages of Park Avenue between 6th and 11th Streets that are currently zoned MF to the MU zone is appropriate to achieve regulatory consistency and to promote compatible, intensive neighborhood development as specified in the Land Use Plan; now therefore: WHEREAS; the Bremerton Planning Commission, following a public hearing on June 19, 2001, determined that this request is consistent with the Comprehensive Plan and with the City's Rezone criteria, contained in BMC 21.02.920, and has submitted its and Conclusions in support of its recommendation to approve this Development Regulation Amendment; and WHEREAS, the Bremerton City Council conducted a public hearing on July 18, 2001 to accept public comments pertaining to the proposed Rezone to consider the Planning Commission's recommendation; now therefore: THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING Section 1: The Official Zoning Map of the City of Bremerton is hereby amended to change the zoning classification for the properties along the east frontage of Park 2 Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th, as Residential Medium Density (MF) & General Business (GB) to Mixed Use (MX) as further depicted in attached Exhibit "A". Section 2: This 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 11th day of July, 2001. PASSED by the City Council of the City of Bremerton this 18th day of July, 2001. City Council President APPROVED this [~ day of~.~ ,2001. Mayor ATTEST: K~'~HL~=EN Mc~LUSKEY City Clerk EFFECTIVE DATE ~' ,,~ - ~/ PUBLICATION DATE 7-.,~,-/- o/ ORDINANCE NUMBER .. ~T& 7 Exhibit A July, 2001 The City of Bremerton Rezone Application PL01-0007, proposes to amend the Official Zoning Map of the City of Bremerton for a portion of the east side of Park Avenue, exclusive of the parcel at the northeast corner of Park and 6t~,by changing the zoning classification from Residential (MF) and General Business (GB) to Mixed Use (MX) to reflect the current Comprehensive Plan Map designation, Mixed Use (MU), for this same area. fl ~;r'--' .. ,._~, -- Ii.... ,.~ ~_..':- ,~ -- I1_-~ -- .., ..... ,,,., ,.:, __~. :,.,..__.-L._,: · _ [--:,GIB- ~ - - 'F GB ,.- ~,, ~tlr~ 1¢~ "i' llll [['-[1 '-[I-I-1{11-]"1'1~1 I'TIlII FBC ~ i--'-~J,T'l'~'W--i"l II. tlt I E~C ~ t ---r'-~-'r~', 't,:t I ii III I -PROPOSED AMENDMENI EXISTING ZONING NC COMPREHENSIVE PLAN DESIGNATIONS AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 146485 I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the /superior Court of the Count of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: July 24,2001 during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $186.94 which amount has not been paid in full. -2)Q r. ~l """ j r n . ! JJJ~J-'d~ /l1nA~>1~ (Signature of Principal Clerk) \,\\\\ II II 11 It ffl ,,'\\ III S-" OA W 1\1 II/~ S ..,.............. 0> ~_ S' C, ..' NO", ( -::; .::: 'I I ,.... >"..A -;:. ::: .:h:,;. ..y '. ::: :: -4 : 'lJ -5>: -\ :c -m'o<) 0 ...:.: :: t c.- '0 ! $ 0'. (y<. ~ : ~ ~ .... Ie... , ~ IA ..... ..... ,,~. .:,':::- ~ ~J--"'1 ........ O' -::" ~I/ SHING\ ,,<'> III ,'.\- 1111111111\\\\\\"- Subscribed and sworn to before me this day of July 25, 2001. " ~ \,L.:'ct.Ll..H1 / Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4767' AN ORDINANCE of the Bremerton City Council amending the Official Zoning Map of the City of Bremerton, Washington, from Residential Medium Density (MF) and General Business (GB) to Mixed Use. (MU) for properties along the east frontage of Park Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th.- The City Council of Bremerton makes the following findings:- WHEREAS, The Central Bremerton Land Use Plan map of the 1995 Bremerton Comprehensive Plan designates properties along the east frontage of Park Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th, as MU Mixed Use; and- WHEREAS, The Official Zoning Map designates properties along the east frontage of Park Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th, as MF Residential Medium Density and GB General Business; and- WHEREAS, The Washington State Growth Management Act stipulates that cities adopt development regulations that are consistent with adopted comprehensive plans. The City of Bremerton enacted revised Zoning Ordinance 21.02 of the Bremerton Municipal Code on April 14, 1997, to satisfy the statutory requirement for regulatory consistency; and- WHEREAS, Figure 090 of the Bremerton Zoning Ordinance BMC 21.02 lists the primary zone classifications that "are considered to be consistent with their related Comprehensive plan designations", wherein the MX zone is listed as the primary zone to implement the MU designation of the Comprehensive Plan; and- WHEREAS, The Land Use Plan map designates the area along 6th Street and to the south as CBD Central Business District. This is the city's most intensive land use district and is intended for a wide range of commercial, higher density residential, and other downtown land uses. The current zoning for this district is BC Business Core; and- WHEREAS, The current MF zone requires that adjacent properties in more intensive zones provide a side yard setback. The proposed MX zone to implement the MU planned environment requires no setback of uses in adjacent, more intensive zones; and- WHEREAS; According to the Land Use Element of the Comprehensive Plan and Figure 090 of BMC 21.02, the appropriate primary zone designation to meet regulatory consistency for properties along the east frontages of Park Avenue between 6th and 11th Streets, exclusive of the northeast corner of 6th Street and Park Avenue, is Mixed Use (MX); and- WHEREAS, The proposed area-wide rezone of those east frontages of Park Avenue between 6th and 11th Streets that are currently zoned MF to the MU zone is appropriate to achieve regulatory consistency and to promote compatible, intensive neighborhood development as specified in the Land Use Plan; now therefore:- WHEREAS; the Bremerton Planning Commission, following a public hearing on June 19, 2001, determined that this request is consistent with the Comprehensive Plan and with the City's Rezone criteria, contained in BMC 21.02.920, and has submitted its and Conclusions in support of its recommendation to approve this Development Regulation Amendment; and- WHEREAS, the Bremerton City Council conducted a public hearing on July 18, 2001 to accept public comments pertaining to the proposed Rezone to consider the Planning Commission's recommendation; now therefore:- THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING- Section 1: The Official Zoning Map of the City of Bremerton is hereby amended to change the zoning classification for the .~ properties along the east frontage of Park Avenue from 6th Street to 11th Street, exclusive of the parcel at the northeast corner of Park and 6th, as Residential Medium Density (MF) & General Business (GB) to Mixed Use (MX) as further depicted in attached Exhibit "A".- Section 2: This 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 11th day of July, 2001.- PASSED by the City Council of the City of Bremerton this 18th day of July, 2001.- Exhibit A is available in the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- July 24,