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Home My WebLink About4796 ORDINANCE NO. q~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Zoning Code, Chapter 21.02 of the Bremerton Municipal Code, by adding a new section, Section 21.02.315 entitled "Adaptive Reuse of Public and Semi- Public Buildings" to allow certain uses in surplus public and semi- public buildings, subject to approval of a Special Use Pernait that demonstrates compatibility of uses with the surrounding area. WHEREAS, the Bremerton School District has initiated Comprehensive Plan and Zoning Code amendments that would allow the reuse of surplus public and semi-public buildings for certain uses, provided that those uses would be proven compatible with the surrounding area and subject to a Special Use Permit; and WHEREAS, fire stations, libraries, churches, and park buildings, in addition to schools are common to residential neighborhood settings and occasionally become surplus; and WHEREAS, such buildings are often substantial structures that became an integral part of a neighborhood setting and can be put to useful purposes after they are declared surplus for their originally intended use; and WHEREAS, the absence of a provision in the Zoning Code allowing for adaptive reuse would be likely to result in the demolition of such buildings when and if they were declared surplus; and WHEREAS, the Planning Commission conducted a public hearing on Comprehensive Plan and Zoning Code Text amendments on March 20, 2001, continued the heating, and on July 17, 2001 adopted Findings and Conclusions in support of its recommendation to approve the Comprehensive Plan Amendment (File # PL01-0010) and Zoning Code Text Amendment (File # PL01-0011); and WHEREAS, the City Council approved the Comprehensive Plan amendment on August 1, 2001, but not the Zoning Text Amendment, which was apparently withdrawn to allow for refinement of language; and WHEREAS, a SEPA Determination of Nonsigqfificance was issued for both the Comprehensive Plan amendment and Zoning Code amendment on March 17, 2001; and 1 Zoning WHEREAS, The Bremerton City Council conducted a public hearing on April 10, 2002 to accept the public comments pertaining to the proposed Development Regulation Amendment to consider the Plmming Commission recommendation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new section is hereby added to Bremerton Municipal Code, Chapter 21.02 to read as follows: 21.02.315 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS. (a) Purpose: The intent of this section is to provide opportunities for occupying functionally obsolete public and semi-public buildings that are otherwise structurally sound with new uses to extend their economic life. However, this opportunity shall not be granted at the expense of adjacent land uses. In considering the appropriateness of any proposed occupancy, consideration shall be given to the relative intensity of the proposed use compared to the intensity of the planned land use environment, as well as to minimizing negative effects of traffic, parking, noise and other operational conditions on surrounding properties. (b) When the need for a certain public or semi-public building in any zone no longer exists, the building use may be converted to those uses listed in the zone in which it is located, except that when it is located in any residential zone, it may be changed by special permit to a use allowed in Figure 140, Professional Office (PO) Zone, Categories 1, 2, 3, 4, 6, and the following listed uses of Category 11: consultants, computer assistance and training (but not repair), office/business assistance services, and general offices. To qualify for the special use permit, the public or semi-public facility must have been constructed for the stated public or semi-public use and operated as such use for a minimum of five years. (c) The special use permit shall not be granted unless the applicant establishes that the proposed use, when appropriately conditioned, will be compatible with the surrounding residential uses. The Administrative Hearing Examiner may impose conditions to ensure compatibility. The conditions may include, but are not limited to, restrictions on hours of operation, location and amount of parking, types, size, density and location of landscaping buffers and benns, and restrictions and/or conditions for noise attenuation. 2 Zoning (d) For the purposes of this section, "public and semi-public buildings" shall include only the following facilities: public schools, fire stations, libraries, churches, hospitals, and post offices. SECTION 2. Severabilit¥. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the_/_O,~:~_ day of .~Q~L~_, ,2002 PASSED by the City Council the~]~a~.d~ day of ~ $!J ,2002 I' CAROL ARENDS, Council President CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCL~US Y, City Clerk "R?~R A. LUB~~ Attome~-~ PUBLISHED the~ day of ~,J,~,-~!7~9 ,2002 EFFECTIVE the~day of~'?'~- ,2002 ORDINANCE NO. att7 q6, R:\LEGAL\OrdinanceskZoning Ordinance 3-22.doc 3 Zoning , ., AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 100000862 , 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: April 30, 2002 during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $38.08 which amount has not been paid in full. DiU l 'J//, ) &4-1t-) Notary Public in and for the State of Washington, Kitsap County. ~J1A~-<----' MY\f\c,~ \,\\I\Il:l,"'1", (SIgnature of Pnnclpal Clerk) ~",\) ~~'td'" Sf 'i,/,/ ~ .......... '.</ Co '-'/ Subscribed and sworn to before me this day of May 2, 2002. ! .......0 'r "'< '" -:.:;:. 2 :" ~ JAIYt.... ~ == (f) i ? -3') r. := -\ : (..'02 ::::~'.,/:) :::: _ .A'" i.JSl1C ... <:::: -:;:. (0 ". ....0 ::::- -:;:. 0 .... ....,'::::- '8- ~ ........ ~ 0 ~' ////;; Vv A S 'r-I \ \,-", /II/jli 11111 \I 11\\\\ ORDINANCE NO. 4796' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Zoning Code, Chapter 21.02 of the Bremerton Municipal Code, by adding a new section, Section 21.02.315 entitled "Adaptive Reuse of Public and Semi-Public Buildings" to allow certain uses in surplus public and semi- public buildings, subject to approval of a'Special Use Permit that demonstrates compatibility of uses with the surrounding area. APPROVED by the City Council the 10th day of April, 2002.- PASSED by the City Council the 24th day of April, 2002.- The full text of this ordinance is available from the City Clerk's Office, 239 4th Street, Bremerton, WA 98337.- April 30,