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Home My WebLink About4806 AN ORDINANCE of the City Council of the City o£ Bremerton, Washington, amending the Zoning Code, Chapter 21.02 of the Bremerton Municipal Code, by adding a new section, Section 21.02.185 relating to alternative setbacks plans and amending Section 21.02.730 relating to alternative landscape plans to allow flexibility and design innovation to achieve greater public benefit, and further amending Figure 840 and Figure 895(a) of Chapter 21.02 noting the type of decision and notice requirements for these alternative plans. WHEREAS, in the application of development regulations there occasionally are situations where the literal application of zoning regulations does not result in utilization of land in a manner that best serves the public interest and variance provisions are not a suitable method by which to allow deviation from such zoning regulations; and WHEREAS, there is therefore a need for a provision in the Zoning Code that will allow, after careful analysis, flexibility in the application of development standards pertaining to setbacks and landscaping; and WHEREAS, the proposed zoning code amendment provides that a decision of the Director is required in the application of such flexibility, that only setback and landscaping regulations may be addressed, and certain other parameters that must be met, including a finding of public benefit; and WHEREAS, the Planning Commission conducted a public hearing on the subject zoning code amendment on March 29, 2002 and has recommended approval of that amendment; and WHEREAS, the Bremerton City Council conducted public heatings to accept public comments pertaining to the proposed Development Regulation Amendment to consider the Planning Commission recommendation; NOW THEREFORE, 1 Alternative Setbacks and Landscaping THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Bremerton Municipal Code Section 21.02 is hereby amended by adding a new section 21.02.185 entitled "Alternative Setbacks" to read as follows: Section 21.02.185 ALTERNATIVE SETBACKS. (a) Alternative setbacks that create benefits in the public interest that exceed those that would accrue from development as prescribed by the setback standards of the zone in which the project is located may be approved as a Type I administrative decision. (b) Decision criteria: Alternative setbacks may be approved only if they satisfy all of the following criteria: (1) Total site area within setbacks shall be equal to or exceed that created by adherence to the standard setbacks. (2) There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. An example of public benefit includes but is not limited to: (i) reduction of setback adjacent to a street or other public right of way in exchange for increased setback from a development-sensitive environment such as a wetland or an existing incompatible land use; (3) The development plan shall not be inconsistent with the intent of any provision of the Zoning Code. SECTION2. Section 21.02.730 of the Bremerton Municipal Code entitled "Landscape Plans" is hereby amended to read as follows: Section 21.02.730 LANDSCAPE PLAN. (a) When necessary, a landscape plan shall accompany the building permit or other application which will be reviewed and approved by the Director of Community Development prior to the issuance of a building permit except as noted in this chapter. (b) A landscape plan shall be drawn to scale and shall indicate: (1) Existing property lines, trees, fences, and other screening and structures; 2 Alternative Setbacks and Landscaping (2) Proposed plantings, identified by common name, and caliper, size, and minimum height of specimens to be planted, fences, water, and other elements; (3) Maintenance provisions: i. All trees, shrubs, and other landscaping shall be maintained in a healthy growing condition. Dead or dying vegetation shall be replaced during the first possible spring or fall planting season. The planting area shall be maintained reasonably free of weeds and trash. ii. Violation of these provisions shall be considered a violation of this chapter. All plant material shall be maintained as designed and approved. (c) Alternative Landscaping Plan: The requirements of this chapter may be modified to encourage better landscaping design as follows: (1) A request for approval of alternate landscaping shall be submitted to the Director of Community Development, accompanied by a Landscape Plan as required above. (2) The Director of Community Development must makema¥ approve the altemative landscaping plan as a Type I administrative decision after making the following findings in c''~- +c apprcYe +*'~ ~+~n+~ ,~ .... ;~ ~,n~. ~ql, ds-ehap~Total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; ....................... ~> ........... }~ .......................... F .... ere shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. Examples of public benefit include but are not limited to: a. reduction of landscaping in one area to create a more useable or effective massed landscape area in another area. iii. The development plan shall not be inconsistent with the intent of any provision of the Zoning Code. SECTION 3. Bremerton Mtmicipal Code Section 21.02 Appendix Figure 840 is hereby amended to read as stated in Exhibit A attached hereto. 3 Alternative Setbacks and Landscaping SECTION4. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a) is hereby amended to read as stated in Exhibit B attached hereto. SECTION 5. Severability. 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 6. 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. APPROVEDbytheCityCouncilthe ~(~:3-dayof ~~ ,2002 PASSED by the City Council the /~a~__ day of ,2002 CAROL ARENDS, Council President Approved this / ~ day of ~ ,2002 CARy BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: K~T'HI~I~I~N MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the /~,,~c2 day of ~ ,2002 EFFECTIVE the ,~(.2 day of ff(~_X,i,,rt,~ ,2002 ORDINANCE NO. RSLEGAL\Ordinances\Community DevelopmentkAltemative Setbacks and Landscaping.doc 4 Alternative Setbacks and Landscaping EXHIBIT A PERMIT PROCESSING SUMMARY Figure 840 Administrative Hearing Examiner Hearing Examiner City Council DECISIONS Decision Open Hearing and Pre-Decision Closed Record Decision Open Hearing Decision Recommendation Type I Decisions (without notice) BMC 21.02.840 · Sign permits * * (on appeal) · Home occupation * * (on appeal) · Land uses permitted outright * * (on appeal) · * (on appeal) · Boundary line adjustment · Minor amendment to approved PUD * (on appeal) · Minor amendments to other permits * * (on appeal) · Temporary emergency wetland or * * (on appeal) stream permits · Clearing less than 2 acres * * (on appeal) · Grading less than 100 cu. yds. * *(on appeal) · Landscape plan * * (on appeal) · Site Plan review * * (on appeal) · Recreational vehicle 90-day permit * * (on appeal) · Building Permits *(on appeal) · *(on appeal) · Alternative Setback ; *(on appeal} · Alternative Landscapin,q - Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison * *(on appeal) · SEPA Determination * *(on appeal) · Wetland or stream assessment * *(on appeal) · Wetland or stream development * *(on appeal) permit · Env. Area Determination *(on appeal) · Administrative Special Use Permit * *(on appeal) · Design Review * *(on appeal) · *(on appeal) · Plan or Code interpretation * *(on appeal) · Minor alteration of approved plat Type III Decisions BMC 21.02.850 · Final Subdivision Plat * · Variance * · Non-administrative Special Use Permit * Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat * * · Vacation of existing subdivision * * · Planned Unit Development * * · Major amendment to a PUD · Binding Site Plan · Rezone for specific properties or small area . . · Development Agreement Title 21 Appendix peleedde Jl se~, se,k ON ON ON 'u!uJJeleC] eeJV 'AU3 Peleedde Jl se,L seseo euJos ON ON se,k uo!leu!LuJeleQ Vd:IS l!wJod peleedde Jl se,k se,k ON sea se,k /luewssesse puel]eM peleedde Jl sea sea ON sea sea 'pue~v leld Jou~ ~ peleedde Jl sea sea ON sea sea riffs 'ul~PV ~ peleedde Jl sea sea ON sea sea uo!sl~!pqns poqs O JeU~ex3 DupeeH suo!sloeO II ed~ ~ el Sleedde ~ ~u!ae~spueq ~ o~ o~ o~ o~ eUON o~ eAqeUJellV ~ · i ~ o~ o~ o~ o~ eUON o~ ~o~qjes eA~I~uJelIV ON ON ON ON eUON se~ SlimJed 8u!Pl!n8 l!mJed ~eP-06 ON ON ON ON eUON ON elO!~eA leUO!leeJOe~ ON ON ON ON eUON seX Me!AeJ Ueld ells ON ON ON ON eUON ON ueld edeospUeq 'sp~ 'no ~ ON ON ON ON eUON ON 00~ ueql SSel ~u!peJ9 S9JD~ ~ ON ON ON ON eUON ON ~ ueq] SSel 8uueelO . -- s]!~Jed ~eeJiS Jo ~ PUelie~ ~oue~Je~e X ~ ON ON ON ON eUON ON ~eJod~ez sl!~Jed Jeqlo ~ ON ON ON ON eUON ON o1 siue~pue~e Jou!~ ~ arid peAoJdde Z ON ON ON ON eUON ON o1 jue~pue~e JOU!~ ~ lue~lsn[pe ) ~ ON ON ON ON eUON ON eU!l ~epuno8 ~ lqDplno ~ ON ON ON ON eUON ON pel1~mJed, sesn pueq ~ ON ON ON ON eUON ON uo!lednooo emOH O ON ON ON ON eUON ON s~Jed u~s ~ ~ suo~s~oeQ I edX~ ~ .. ~ ~ uo!s!oe~ uo!s!oeO DupeeH o!lqnd uo!le~!lddV sseueleld~oo ~ ~ jo emlON leeddv jo eoi3ON jo eo!3ON pJooea uedo jo eo!iON jo SNOISIO~O ~O= ' jo eo!3ON uoqeu~e3eO. . ~z S~N~3alnOaa 331~ON, paleadde Jl sea sa,& ON sea sa,& uo!s!^a~:l l!uJJarl 4 paleadde Jl se), sea sa), se), saA aouePeA 4 .x Paleedde Jl SeA Sa,& Sa,& SeA Sa,& ~,!wJed eSN 'puoo 4 c Paleadde Jl sea sea ON $8A sea {!uJJad 'AEC] 'qns · ~. suo!s!oeo au!le, oqs <( sea ¥/N ON sea sea sea 'pua~uv Jo[e~ ORal · ¢ sea YIN ON sea sea sa,&, 'Aaa l{ufl peuueld 4 .=_ sea V/N ON sea se,& seA 'AipqnS JO uoileOeA · I-- sea V/N ON sea sea saA Ueld ails 6uipul8 · sea V/N ON sea sea sea laid '^lPqns 'Wlle~d · ~ sea V/N ON sea ON sea · lueu~ee,6¥ ) tv' sea V/N ON sea sea sea auoza~l · suolsloeQ Al edAl ~' LLI V/N ON sea sea sea se)~ dFIS 'uFupe-uoN · '-' tv' V/N ON sea sea sea sea aouePeA · ~ f~ ¥/N ON sea sea sea sea 1eld '^{pqns leU{=l · ,~~_ pnoo m, Sleadde suo!s!oeO III adA.L ~ PeleeddeJl seA sea ON ON ON uo!lelaJdJalUl · ~ Z peleedde Jl Se,& Sa,& ON sa,& seA Ma!Aa~:I u6!sea · uo{s!oeo uolsloao 6u{,eaH o{Iqnd UOlieOlldd¥ ssaue~eldtuoo Jo cop, ON leaddk, :1.o eoliaN Jo eoliaN pJooa~l uado Jo eop, ON {o SNOISIO=IO Jo eop, ON uolieu!cu, e~,eO " AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No.100009242 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: June 18,2002 during all of said period. That he full amount of the fee charged for the foregoing publication is the sum of $41.39 which amount has not been paid in full. ~ ?-~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 20, 2002, ORDINANCE NO. 4806' \\\\\\llilll///;1 \\\ III ,,\\ ~\~ N 81.. 1/// $:- \), ......... -1)' ~ .2' ..... ..... /- -::::- , . T . ~ ::::- "'~O'Aty'" :::. ~, / )-\== == (/): 7-30-0~ : = ::;.-'\,.0 <:: .::c:~ -;:. ~ '., I.; 8 L \ C ... . ~-: __ ""'. . ,0 " ~ \.,. ...... ...... !r~~.'~ '::::~ '/ 0 ....... ,,-, ,'- '///111 P WAS '0\'\' ,\\'~' I \' , 111//11111 \ \ \ \ \\ \\,' ,0&l11 W Ntu:t~ Notary Public in and for the State of Washington, Kitsap County. 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 21.02.185 relating to alternative setbacks plans and amending Section 21.02.730 relating to alternative landscape plans to allow flexibility and design innovation to achieve greater public benefit, and further amending Figure 840 and Figure 895(a) of Chapter 21.02 noting the type of decision and notice requirements for these alternative plans.- APPROVED by the City Council the 29th day of May, 2002- PASSED by the City Council the 12th day of June, 2002- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- June 18,