HomeMy WebLinkAbout2700 BEFORE THE CITY COUNCIL
OF THE CITY OF BREMERTON
In re )
INLAND EMPIRE RESIDENTIAL ) SUP 99-0001
RESOURCES, )
) Resolution 2700
Applicant. )
)
The Bremerton City Council, having heard this matter in open session and being otherwise
fully advised, finds, concludes, and resolves as follows:
F/NI)INGS
1. This is an application for a special use permit for two Group Residential Facilities-Class I
at 1006 and 1008 Ninth Street, within the Central Bremerton Residential (CBK) Zone.
The application was initially for single family residences with attached dwelling units, but
the Department of Community Development, with advice from the Planning Commission,
determined that "group residential facility" was the proper classification. The applicant
has accepted this.
2. The Council held a public heating with proper notice on 14 April 1999. At this heating
the Council accepted into the record and reviewed the application, the staff analysis and
recommendation, materials collected by the Bremenon City Planning Commission at its 16
March 1999 meeting, and evidence from citizens, including testimony.
3. The application is for two group living facilities for individuals with developmental
disabilities, one facility per lot, forming a unified complex.
4. The application provides for services and utilities.
5. The occupants will not drive and will need accessible parking. Parking demand will
therefore be less than that needed for average group residential facilities, but spaces must
be larger. The application provides for a reduced number of spaces while providing
oversized spaces for accessible van parking.
6. There is no evidence of the application causing significant environmental impacts.
7. The neighborhood is predominately single family residential with a park to the northwest
of the property. The application is compatible with these uses.
8. There is an unmet local demand for the services the application would provide.
9. The Planning Commission previously heard an appeal of a building permit involving this
development. The Planning Commission there was a procedural flaw in the permits by
characterizing the application as single family residences instead of group facilities. The
Planning Commission therefore vacated the permit and remanded with the option of
resubmitting the application with proper characterization of the project.
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10. The residents will not constitute a family under the land use code. Neither will they
constitute a household, as by definition group facilities do not provide for households.
11. There is an action pending in Kitsap County Superior Court, Cause No. 99-2-00357-0,
concerning certain neighbors' rights of access across the subject property.
12. The buildings proposed will be no larger than and have no less set-back than buildings for
uses that are permitted outright in the CBR Zone.
CONCLUSIONS
1. The application complies with the Comprehensive Plan.
2. The Zoning Ordinance lists Group Residential Facilities-Class I as an SUP in the CBR
Zone.
3. The application meets applicable development standards and regulations.
4. The application satisfies all other applicable criteria and design guidelines.
5. The application furthers the general welfare.
6. The Planning Commission did not decide the building permit appeal on the merits.
Additionally, the previous heating and the present one are factually and legally dissimilar.
The previous decision is not res judicata for the present hearing.
7. The density provisions of the Zoning Code apply only to dwelling units. Group facilities
do not constitute dwelling units as defined by the Code, and therefore the density
provisions do not apply to group facilities.
8. Although group residential facilities often have on-site staff, the definition of "group
residential facility" in BMC 21.02.070 does not require on-site staff but only requires that
such staff be included when determining if a facility is large or small.
9. The City Council does not have the authority to contradict a ruling of the Kitsap County
Superior Court.
THEREFORE BE IT RESOLVED:
1. The Council approves the application on the following conditions:
a. The project must comply with all applicable codes;
b. Barrier-free van parking spaces must be provided per code, and the spaces shall be
located in the middle of the parking area to provide adequate room for vehicular
access.
c. The project must comply with any ruling arising from Kitsap County Superior
Court Cause No. 99-2-00357-0.
d. The Council is not approving any dwelling units in this permit, and conversion of
the project to any use involving dwelling units, such as duplexes, will require
additional review and approval.
e. The Applicant shall record this Permit with the Kitsap County Auditor.
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2. The SUP shall lapse one year from Notice of Final Approval unless applicant takes the
following action: filing with the Department of Community Development complete
building permit applications for the project.
Dated this 28th day of April 1999.
BREMERTON CITY COUNCIL
Mike Shepherd, President
ATTEST
Paula Johnston, Deputy City Clerk
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