HomeMy WebLinkAbout2830 RESOLUTION NO. 2830
A RESOLUTION denying the appeal of a SEPA determination on
Non-significance (PL01-O035) regarding a proposed amendment to
the City's development standards relating to open space
requirements
WHEREAS, the City Council makes the following findings:
The City implemented a non-project zoning code text amendment that if
approved would amend Bremerton Municipal Code section 21.02.750 to allow inclusion
of required buffers and yard setback areas in the minimum 15 per cent open space
requirement for commercial developments larger than one acre, to delete' references to
passive and active recreation areas, and to delete the requirement for recreational open
space in commercial developments. ('Text Amendment")
On Apdl 26, 2001 the environmental official issued a Declaration of Non-
Significance (DNS) on the Text Amendment. The terms of the DNS are incorporated by
reference.
The appellant, Eldorado Hills, Inc filed a notice of appeal dated June 6, 2001,
which is hereby made a part of the record.
The City stipulated the appeal was timely filed.
A public hearing was held on the appeal on July 25, 2001. A record of those
testifying at the public hearing is in the posSession of the City Clerk.
The Appellant challenged the DNS on the grounds that the environmental review
of the Text Amendment should have considered the environmental impacts of a specific
project that is currently pending before the City. That project is known as the
Albertson's Project.
The Albertson's Project is undergoing separate environmental review.
The proposed zoning code text amendment applies to all development in the City
on parcels larger than one acre.
The environmental officer determined that the Text Amendment was of Citywide
significance and environmental review of each parcel affected by the amendment would
be made at the time environmental review was done on any project that was submitted
for an affected parcel; and
WHEREAS, based upon the above findings the Council makes the following
conclusions:
The decision of the SEPA officer is to be given substantial weight.
The proposed text amendment is not a phase of the Albertson's project, but is an
amendment of citywide application.
The Appellant has failed to carry his burden of proof that the decision of the
environmental officer was in error. Now, therefore, based upon the above findings and
conclusions,
BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF BREMERTON THAT
The appeal of the environmental officer's decision on Project PL01-0035 is
hereby DENIED.
PASSED by the City Council of the City of Bremerton this 8~ day of August,
2001.
~,,-'/JOHN I~AV~/, Council President