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.
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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,