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HomeMy WebLinkAbout4773 ORDINANCE 4773 AN ORDANCE of the Bremerton City Council amending the Zoning Code, Chapter 21.02.750 Open Space, of the Bremerton Municipal Code, to allow inclusion of required buffers and yard setback areas in the minimum fifteen percent (15%) open space of the total gross area in any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. The City Council of Bremerton makes the following findings: WHEREAS, The open space requirement in BMC Section 21.02.750 does not distinguish between residential and commercial uses; and WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities serves no public purpose in large commercial developments in which the owners and tenants are either not on the premises or fully engaged in the conduct of business; and WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities is appropriate for large residential developments in which the owner or tenant residents receive direct benefits from this requirement; and WHEREAS, The proposed amendment appropriately maintains the open space requirement for large residential projects that benefit by access to active and passive recreation amenities and removes the requirement from commercial developments that receive no benefit from this requirement; and WHEREAS, There is no policy foundation in the Bremerton Comprehensive Plan for the requirement in large commercial developments for open space for recreational purposes; and WHEREAS, This section's intent to preserve natural site amenities such as ponds, rock outcroppings, ravines and similar features is largely covered in commercial developments by site development regulations in the City's critical area ordinance; and WHEREAS, By other requirements of the Zoning Code, large commercial development sites include landscaped setbacks and landscaping of parking areas to promote compatibility with surrounding areas; and WHEREAS, The proposed zoning text amendment is more consistent with the Comprehensive Plan than the existing code requirements for open space amenities in large developments; and WHEREAS, The proposal satisfies the decision criteria for a text amendment, as the proposed amended regulation is more consistent with the Comprehensive Plan than the existing text; and WHEREAS, The Bremerton Planning Commission, during their regularly scheduled meeting on July 17, 2001, taking into consideration previous public hearing testimony, determined that this text amendment request was consistent with the Comprehensive Plan and with the City's Development Regulation Amendment criteria, contained in BMC 21.02.925, adopted Findings and Conclusions in support of its recommendation to approve this Development Regulation Amendment; and WHEREAS, the Bremerton City Council conducted a public hearing on August 1, 2001, to accept public comments pertaining to the proposed Development Regulation Amendment to consider the Planning Commission's recommendation; now therefore: THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING: Section 1: That the Bremerton Municipal Code (BMC), Zoning, Chapter 21.02.750 Open Space, be amended to read as follows: SECTION 21.02. 750 LARGE DEVELOPMENT OPEN SPACE AND LANDSCAPING The following Open Space and Landscaping requirements shall apply to residential and commercial development having a total gross area greater than one acre: (a) Residential Uses, Open Space Requirements: (1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area of the residential development dedicated or otherwise provided as common open space, accessible to all owners or tenants of the development. (2) Active and Passive Areas: The open space areas shall be provided for active as well as passive recreational activities, and for the preservation of existing natural site amenities whenever possible. (3) Designated Open Space shall not include: i. Streets, alleys and other rights-of-way ii. Vehicular driveways, parking, loading and storage areas. iii.Required buffering and landscaping for parking areas. iv. Required yard setback areas. (4) Location of Open Space: The open space and supporting facilities intended for recreational use shall be designed and located to not adversely impact surrounding land uses, especially existing residential uses. (5) Natural Site Amenities: Natural site amenities shall be preserved to the greatest extent practical when planning for open space, siting of buildings and other structures, routing underground s~rvices, and determining finished grade levels and areas to be paved. Natural site amenities might include rock outcroppings, ravines, groves of trees, ponds or streams. (6) Site Plan Review and Approval: Proposed open space areas and their intended uses shall be clearly designated on the Site Plan. The City will base its approval of the proposed active or recreational open space on the dimension, useability (sic), location, slope, and physical improvements. Up to one-third of the property intended to satisfy the open space requirement can be unsuitable for recreational purposes if consisting of natural site amenities. (7) Phased Development: When a project is constructed in phases, common open space shall not be less than fifteen percent (15%) of the total area developed in each phase, and must be completed in accordance with approved specifications at the time of completion of each phase. (8) Provisions shall be made for the perpetual maintenance of all common open space areas. (b) Commercial Uses, Total Landscape Area: (1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area of the commercial development dedicated or otherwise provided as landscaping. This may include required yard setback areas and required buffering and landscaping for parking areas. Section 2: The 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 8th day of August, 2001. PASSED by the City Council of the City of Bremerton this 15th day of August, 2001. ~' City COuncil President APPROVED thise~f,.day of ~ [~'~.z ~,~'~, ,~2¢~, ,2001. ATTEST: Mayor City Clerk EFFECTIVE DATE PUBLICATION DATE ORDINANCE NUMBER '. AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 151122 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: August 20,2001 during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $286.18 which amount has not been paid in full. \\\\\\\\ i JIII/lilll ,-",,\\ ~.r FER If 111/1// ^ ^ A () /l/ ~ <(\...............~-'S>~~ L YV\.e..V~ ()(..lll16il~~ ff ~':>'/ 0 ~ '" R y ~;'" z."\ (Signature of Principal Clerk) == - : ~ ~ ot.,- ; 0 - - . 0",,0 . - Subs:ifb~ild sWO\1l tif> befID-e me this day of August 21,2001. ~ (J'l'" pue\.. ./ C? 2 ~ -;. ...... .......^~ $ 'l. l' ........ s'" . '-' 'i//// E; 0 F \N ~ \\\\-$ II I 1/ J II 11111 \ \ \ \ \ \ \ '-- Notary Public in and for the State of Washi ORDINANCE 4773' AN ORDANCE of the Bremerton City Council amending the Zoning Code, Chapter 21.02.750 Open Space, of the Bremerton Municipal Code, to allow inclusion of required buffers and yard setback areas in the minimum fifteen percent (15%) open space of the total gross area in any development having a total gross area greater than one acre; and to delete reference to active and passive areas; and to delete the requirement for recreational open space. The City Council of Bremerton makes the following findings:- WHEREAS, The open space requirement in BMC Section 21.02.750 does not distinguish between residential and commercial uses; and- WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities serves no public purpose in large commercial developments in which the owners and tenants are either not on the premises or fully engaged in the conduct of business; and- WHEREAS, The existing requirement in BMC 21.02.750 for open space for active and passive recreational activities is appropriate for large residential developments in which the owner or tenant residents receive direct benefits from this requirement; and- WHEREAS, The proposed amendment appropriately maintains the open space requirement for large residential projects that benefit by access to active and passive recreation amenities and removes the requirement from commercial developments that receive no benefit from this requirement; and- WHEREAS, There is no policy foundation in the Bremerton Comprehensive plan for the requirement in large commercial developments for open space for recreational purposes; and- WHEREAS, This section's intent to preserve natural site amenities such as ponds, rock outcroppings, ravines and similar features is largely covered in commercial developments by site development regulations in the City's critical area ordinance; and- WHEREAS, By other requirements of the Zoning Code, large commercial development sites include landscaped setbacks and landscaping of parking areas to promote compatibility with surrounding areas; and- WHEREAS, The proposed zoning text amendment is more consistent with the Comprehensive Plan than the existing code requirements for open space amenities in large developments; and- WHEREAS, The proposal satisfies the decision criteria for a text amendment, as the proposed amended regulation is more consistent with the Comprehensive plan than the existing text; and- WHEREAS, The Bremerton Planning Commission, during their regularly scheduled meeting on July 17, 2001, taking into consideration previous public hearing testimony, determined that this text amendment request was consistent with the Comprehensive Plan and with the City's Development Regulation Amendment criteria, contained in BMC 21.02.925, adopted Findings and Conclusions in support of its recommendation to approve this Development Regulation Amendment; and- WHEREAS, the Bremerton City Council conducted a public hearing on August I, 2001, to accept public comments pertaining to the proposed Development Regulation Amendment to consider the Planning Commission's recommendation; now therefore:- THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING:- Section 1: That the Bremerton Municipal Code (BMC), Zoning, Chapter 21.02.750 Open Space, be amended to read as follows:- SECTION 21.02. 750LARGE DEVELOPMENT OPEN SPACE AND LANDSCAPING- ., The following Open Space and Landscaping requirements shall apply to residential and commercial development having a total gross area greater than one acre:- ..(a) Residential Uses, Open Space Requirements:- ....(1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area of the residential development dedicated or otherwise provided as common open space, accessible to all owners or tenants of the development.- ....(2) Active and Passive Areas: The open space areas shall be provided for active as well as passive recreational activities, and for the preservation of existing natural site amenities whenever possible. - ....(3) Designated Open Space shall not include: - ......i. Streets, alleys and other rights-of-way- ......ii. Vehicular driveways, parking, loading- .........and storage areas.- ......iii. Required buffering and landscaping- ..........for parking areas.- ......iv. Required yard setback areas.- ....(4) Location of Open Space: The open space and supporting facilities intended for recreational use shall be designed and located to not adversely impact surrounding land uses, especially existing residential uses.- ....(5) Natural Site Amenities: Natural site amenities shall be preserved to the greatest extent practical when planning for open space, siting of buildings and other structures, routing underground services, and determining finished grade levels and areas to be paved. Natural site amenities might include rock outcroppings, ravines, groves of trees, ponds or streams.- ....(6) Site Plan Review and Approval: Proposed open space areas and their intended uses shall be clearly designated on the Site Plan. The City will base its approval of the proposed active or recreational open space on the dimension, useability (sic), location, slope, and physical improvements. Up to one-third of the property intended to satisfy the open space requirement can be unsuitable for recreational purposes if consisting of natural site amenities.- ....(7) Phased Development: When a project is constructed in phases, common open space shall not be less than fifteen percent (15%) of the total area developed in each phase, and must be completed in accordance with approved specifications at the time of completion of each phase.- ....(8) Provisions shall be made for the perpetual maintenance of all common open space areas.- ..(b) Commercial Uses, Total Landscape Area: ....(1) Required Minimum: There shall be a minimum of fifteen percent (15%) of the total gross area of the commercial development dedicated or otherwise provided as landscaping. This may include required yard setback areas and required buffering and landscaping for parking areas.- Section 2: The 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 8th day of August, 2001. - PASSED by the City Council of the City of Bremerton this 15th day of August, 2001.- August 20,