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HomeMy WebLinkAbout3652 AN ORDINANCE of the City of Bremerton re- quiring a study of the impact that the issuance of a businems license will have on the present or planned Bremerton community if any business is issued or renewed a license, authorizing denial of a business license on a finding of significant adverse community impact, and providing appellate procedures; and repealing Ordinance No. 3608.~ WHEREAS, the City of Bremerton is concerned with the orderly and systematic growth of its community and the prevention of blight and deterioration of its present community; WHEREAS, the City of Bremerton comprehensive plan, the Bremerton Area Plan; A comprehensive ~pli~y Gude for Growth and Development contains among others the following community goals and policies: 1. Achieve and maintain a healthy, high quality environment for the social, economic and physical development of the Bremerton Area. 2. Establish and implement policies, programs and processes which reflect the needs of the community and will continually enhance the health, safety and general welfare of the residents of the Bremerton Area. 3. Manage growth in a way designed to be beneficial for both present and future Bremerton Area residents, so that overall public benefits of such growth exceed the public costs. 4. Promote economic activities which are consistent with community values. WHEREAS, the issuance and renewal of business licenses allows the City to promote economic and orderly growth while preventing the deterioration of presently established areas; and WHEREAS, some businesses have been found to appeal to special populations and often bring outside influences into the community which increase the crime rate and undermine the moral and social values of the present community members; and WHEREAS, existing business find that as the character of the commercial environment changes, their business drops off, - 1 - property values decrease and merchants serving the general community are forced to move out of their business district, leaving it in a vacant and deteriorating condition; land WHEREAS, businesses which are not compatible with present or future business districts, and which would contribute to or create an adverse situation, should be encouraged to locate in other areas where their patronage would be more probable and profitable, and where their impact would be more acceptable, now, therefore: THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS: Section 1. Intent. The City of Bremerton shall require a study and review of the probable impact on the community of any proposed business activity, or the continuation of any existing business under a business license renewal process. No business license shall be issued or renewed to any business which is determined by the City Planner to be detrimental to the community or have a significant adverse effect on the present or planned community or to the community goals and policies of the City as expressed in the City's comprehensive plan. Section 2. Community Impact Checklist. All applicants for a new or renewed business license shall be required to complete a Community Impact Checklist in addition to the business license application. The Community Impact Checklist shall accompany the business license application through all review steps. Within ten days of receipt of the Community Impact Checklist, the City Planner shall review same, information contained in the business license application, and other available information and determine if the proposed business has any potential for detrimental or significantly adverse effects to the present or planned future community or to the community goals and policies expressed in the City's comprehensive plan. or/ In making the determination for such effects of the --2-- potential detrimental effects to the City, the City Planner shall consider the following factors: 1. The present character of the neighborhood; 2. The nature of the applicant's business; 3. The growth pattern of business in the neighborhood; 4. Property values in the neighborhood and potential for decline in same; 5. Vehicular and foot traffic patterns and potential problems; 6. Input from residents, business owners and custo- mers of the neighborhood; 7. The incidence and nature of criminal activity in the neighborhood; and 8. Other factors which bear upon the present and future character of the area in question. Section 3. Determination t9 Require a Community Impact Statement and Notice. If, after application of the factors specified in Section 2 herein, the City Planner determines that a Community Impact Statement shall be required, he shall so notify the applicant by certified mail. Said notification shall be mailed within fifteen days of the City Planner's receipt of the business license application. The notification shall state that a Community Impact Statement must be submitted in accordance with the provisions of this Ordinance. A true copy of this Ordi- nance must be attached to said notification. The City Treasurer shall be notified of the require- ment to prepare and submit a Community Impact Statement and the City Treasurer shall not act on the requested business license until the public hearing and determination described in Section 8 below. The City Clerk and City Council shall also be notified of the requirement to prepare and submit a Community Impact Statement. Upon submittal of an adequate Community Impact State- ment copies shall be distributed to all Council membe,rs, all affected City departments, Bremerton School District, Bremerton Chamber of Commerce, and to any other parties requesting the same. The City may assess a charge for the cost of copying any statements issued to private parties. Section 4. Exempt Businesses. The following businesses -3- shall be exempt from the requirement to submit a Community Impact Statement: a. Businesses which the City Planner determines would not be detrimental or have a significant adverse effect on the present or planned co~nunity or the community goals and policies as expressed in the City's comprehensive plan and which are consistent with the purpose and intent of this Ordinance. Section 5. Appeal of Requirement to Submit Community Impact Statement. Upon notification of the requirement to prepare and submit a Community Impact Statement, the applicant for the business license shall have 10 days to appeal that requirement to the City Council by submitting in writing such appeal to the Secretary of the Bremerton Planning Department. Upon receipt of such appeal the City Planner shall forward all pertinent documents to the City Council for determination regarding the appropriateness of the requirement to prepare and submit a Community Impact Statement. The City Council shall schedule a public hearing to consider the appeal within 30 days of the receipt of the written appeal. Notice for the hearing shall be the same as in Section 8. The decision of the City Council shall be final. Section 6. Notice and Appeal of Determination Not to Require a Community Impact Sta. tement, upon the determination by the City Planner that a Community Impact Statement is not required, the City Planner shall cause to ~be published in the principle local newspaper a notice of such determination and of the method to appeal this decision to the Bremerton City Council. Such appeal shall be filed with the Bremerton Planning Department Secretary within 10 days of the p~blication of notice. Upon receipt of such appeal, the City Planner shall forward all pertinent documents to the City Council for a determination regarding the appropriateness of the determination not to require a Community Impact Statement. The City Council shall schedule a public hearing to consider the appeal within 30 days of the receipt of the written --4-- appeal. Notice for the hearing shall be the same as in Section 8. The decision of the City Council shall be final. Section 7. Community. Impact Statement Contents. A Community Impact Statement shall contain, at a minimum, the following elements: 1. Detailed description of proposed business; names and addresses of all owners thereof; proposed location; description of buildings and facilities; a detailed description of mer- chandise or services to be sold; proposed hours of operation; profile of expected customers; projected market area; references to other similar business operations; summary of businesses operated in the past by the owners. 2. Analysis of existing business and residential community within 500 feet of proposed location, including the followng factors, at a minimum: a. Type of business; b. Profile of customers; c. Market area; d. Economic growth/deterioration; e. Property values; f. Proximity and description of residential neighborhoods; and g. Proximity of schools, churches and public facilities. 3. Impact of proposed business upon the factors des- cribed in sub-paragraph 2 above. 4. Impact of proposed business upon the social, business and residential environment of the Bremerton community. 5. Alternative locations for the proposed business and/or alternative business for the proposed location. Section 8. Hearing to Determine Impacts and Effects of Proposed.Business and Determination to Issue or Not Issue a Business License. A public hearing before the City Planner on the Community Impact Statement and business license issuance shall be held within 30 days of the receipt of an adequate Community Impact Statement. Notice of such hearing and the -5- availability of the Community Impact Statement shall be published in the principle local newspaper and mailed to the property owners within 250 feet of the proposed business location as their names appear on the records of the County Treasurer ten days prior to the hearing. Also, if applicable, the proposed location of the business shall be posted with notice of said hearing. Upon completion of the public hearing, the City Planner shall, within ten days, file written findings of fact, conclusions, and order specifying whether or not the requested license shall be issued. The decision shall be immediately forwarded to the City Treasurer. The purpose of the public hearing as specified in this Section, shall be to determine if the proposed business will have a significant adverse impact upon the present or planned community, the community goals and policies of the City's comprehensive plan, or will be significantly inconsistent with the purpose of this Ordinance. In making such determination, the City Planner shall consider public testimony, testimony and submissions from the City Departments, testimony and submissions from the applicant and other relevant evidence which may be submitted. The factors which shall be considered are as follows: 1. The type of business proposed and the potential customers thereof; 2. The nature of the neighborhood including the nature of businesses and residences therein, the nature of customers of same, and the existence and proximity of churches, schools or pUblic buildings. 3. Past, present and expected future growth and/or deterioration of the area. 4. Present property values in the area, and the impact, if any, the proposed business will have on same. 5. Alternative locations for the proposed business; -6- 6. Vehicular and foot traffic in the area; and 7. Parking facilities in the area. The City Planner shall make specific findings regarding each of these factors, and regarding any other relevant factors considered. Upon consideration of such factors and upon a finding that, upon application of said factors, the location of the proposed business will have a significant adverse impact upon the present or planned community, the community goals and policies as contained in the City's comprehensive plan, or will be significantly inconsistent with the purposes of this Ordinance, the application shall be denied. The Ctiy Planner shall issue his findings of fact, conclusions, and order within ten days from the close of the hearing. Section 9. ~p~..ea! of. Decisio~_~0 issue or Not Issue a Business License. The decision of the City Planner that a proposed business should or should not be issued a business license shall be appealable to the City Council. Notice of the decision by the City Planner and method of appeal shall be delivered to the applicant by certified mail and shall be published in the principle local newspaper. Upon notification, the applicant or any other interested party shall have 10 days to file a written appeal with the Secretary of the Bremerton Planning Department. Upon receipt of such appeal, the City Planner shall forward all pertinent records to the City Council for a determination regarding the appropriateness of the decision of the City Planner to issue or not issue the requested business license. The City Council shall schedule a public hearing to consider the appeal within 30 days of the receipt of the written appeal. NOtice for the City Council hearing shall be the same as in Section 8. The decision of the City Council shall be final. Section 10. Forms and Fees. The City Planner and City -7- Treasurer are hereby authorized to develop such forms from time to time necessary to carry out the intent of this Ordinance. Any fees to be required of a business license applicant or appellant to fulfill the process and procedure of this Ordinance shall be established by the Council. Once established, the fees will be automatically adjusted each January 1 in accordance with the National Consumer Price Index for all urban consumers established in November of each year. Section 11. p~signated Representative. The City Planner may assign duties and responsibilities under this ordinance to a designated representative. Such assignment and designation shall be made in writing. Section 12. Application of Ordinance. All procedural elements of this Ordinance shall have retroactive as well as prospective application to any and all businesses that have not received a final and unconditional business license on the date of enactment hereof. The substantive elements of this Ordinance are deemed to be necessary for the immediate protection of the public health, safety and welfare, and shall also apply to said businesses. Section 13. Severabilit~. If any provision of this ordinance, or its application to any person or circumstances is held by a Court of competent jurisdiction to be invalid, the remainder of this Ordinance, or the application of the provision to other persons or circumstances, shall not be affected and shall remain enforceable as originally enacted. Section 14. Judicial Review. Any applicant for a business license herein, or any complaintant who deems any final order of the City Council herein to be contrary to law, may within thirty days of issuance of said final order, apply to the Superior Court of Kitsap County, for a writ of review, the purpose of which is to have the reasonableness and lawfulness of said final order inquired into and -8- determined. Said judicial review shall be in accordance with the laws and rules of Civil Procedure of the State of Washington. APPROVED by the City Council on the first reading this day of J~ , 1981. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this day of _ L~ 0~[ , 1981. ATTEST: KATHLEEN L. MANDIO, C'ity Clei~k~ -9-