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Home My WebLink About4815ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, I) repealing Ordinance No. 4771, which added a new plan element policy to the Comprehensive Plan to allow the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage, 2) repealing Ordinance No. 4772, which added a new policy to the Comprehensive Plan to promote the reuse of public and semi- public buildings that are no longer needed to serve their original primary purpose, and 3) reaffirming the adoption of Ordinance Nos. 4783 and 4784, which amended the City's Comprehensive Plan with downtown development goals and policies to the C-1 Central Business District Sub-area Plan of the Central Bremerton Sector of the Land Use Element as well as making various Comprehensive Plan Map amendments and further amending the City's Zoning Map to maintain consistency with the Comprehensive Plan pursuant to the Land Use Plan 2001 annual update. WHEREAS, on August 2001, the Bremerton City Council adopted Ordinance Nos. 4771 and 4772, following two public hearings before the Council; and WHEREAS, Ordinance No. 4771 amended the Bremerton Comprehensive Plan to include a new Plan Element policy to allow the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage in order to promote in-character, urban infill development and efficient use of land; and WHEREAS, Ordinance No. 4772 amended the Bremerton Comprehensive Plan, Element E. Land Use, Section 3.A., to add a new policy to promote the reuse of public and semi- public buildings that are no longer needed to serve their original primary purpose, provided that the new use is consistent with the surrounding planned environment; and WHEREAS, on November 28, 2001, the Bremerton City Council adopted Ordinances No. 4783 and 4784, following two public hearings before the Council; and 1 Comp Plan Ordinance Repeal WHEREAS, Ordinance No. 4783 amended the Bremerton Comprehensive Plan with five (5) amendments to the land use plan map and the addition of Downtown Development Goals and Policies to the C-l, Central Business Disttict sub-area plan of the Central Bremerton Sector of the Land Use Element (pp. 56-9), and added an illustrated plan map; and WHEREAS, Ordinance No. 4784 amended the City's Official Zoning Map to maintain consistency with the Bremerton Comprehensive Plan, pursuant to Land Use Plan 2001 annual amendments; and WHEREAS, Ordinances No. 4771, 4783 and 4784 were appealed to the Central Puget Sound Growth Management Heatings Board, and in a Final Decision and Order issued on July 29, 2002, the Board determined that the City's adoption of Ordinance Nos. 4771, 4783 and 4784 was clearly erroneous and did not comply with the comply with the requirements of RCW 36.70A.130; and WHEREAS, the City was directed by the Board to take appropriate legislative action to "reaffirm, repeal, amend or otherwise comply with the requirements of RCW 36.70A. 130;" and WHEREAS, the City's understanding of the Board's decision is that the adoption of the appealed ordinances did not comply with RCW 36.70A. 130 because the City was found to have amended the Bremerton Comprehensive Plan more than once a year, and the amendments were not those listed as exceptions in RCW 36.70A.130(2)(a)(i), (ii) or (iii); and WHEREAS, the City also performed a new analysis under the Growth Management Act as to the need for the amendments included in Ordinance No. 4771 to be included in the comprehensive plan, and concluded that it was not necessary to adopt said ordinance as a policy statement under RCW 36.70A.070; and 2 Comp Plan Ordinance Repeal WHEREAS, the City also concluded that Ordinance No. 4771 had no substantive relationship to the analysis of cumulative effects conducted for the 2001 comprehensive plan amendments; and WHEREAS, the City further concluded that if Ordinance No. 4771 was repealed, then Ordinances 4783 and 4784 would be consistent with the requirements of the Growth Management Act, as both Ordinances 4783 and 4784 were reviewed and adopted together and would meet the requirements of RCW 36.70.130; and WHEREAS, in order to comply with the Board's decision, the City Council proposes to repeal Ordinance No. 4771 and finds that it is not necessary to readopt it given that there are regulations relating to front yard setbacks in Bremerton Zoning Code and that these regulations are not inconsistent with the comprehensive plan; and WHEREAS, even though Ordinance No. 4772 was not considered by the Board as a part of its decision, the City desires to demonstrate good faith in compliance with the Board's decision, and to prevent any future confusion whether Ordinance No. 4772 complies with the Growth Management Act since Ordinance No. 4772 was adopted at the same time as Ordinance No. 4771, the City chooses to repeal it and finds that it is not necessary to readopt it given that there are regulations relating to the use and reuse of public and semi-public buildings in the Bremerton Zoning Code and that these regulations also are not inconsistent with the comprehensive plan; and WHEREAS, the City's SEPA Responsible Official has reviewed this ordinance and determined that it is exempt from SEPA under WAC 197-11~800(20); and WHEREAS, public heatings were held on this Ordinance by the City Com~cil during its regular meetings on October 9, 2002, October 16, 2002 and October 23, 2002; NOW, THEREFORE, 3 Comp Plan Ordinance Repeal THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinances No. 4771 and 4772 are hereby repealed in their entirety and are of no further effect. Council. SECTION2. Ordinances No. 4783 and 4784 are hereby re-affirmed by the City SECTION3. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Central Puget Sound Growth Management Hearings Board and to the Washington State Office of Commurdty Development, as required by RCW 36.70A.106. SECTION4. 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 5. 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 la~v. APPROVED by the City Council the/~ day of ~J_fl ,2002 PASSED by the City Council the ,~14.~, day of ~_:1~_,~1_.) ,2002 CAROL ARENDS, Council President Approved this ~ day of CARY BOZEMAN, Mayor 4 Comp Plan Ordinance Repeal ATTEST: l,~d(Tl~I~ ~gr-l~'~,-City Clerk PUBLISHED the~_/W day of EFFECTIVE the~day of ORDINANCE NO. R:XLEGAL\Ordinances\Community Development\Comp Plan 0rd Repeal.doc APPROVED AS TO FORM: ",I~O ~R A~TE. UB OVICH~-Gity-'A~omey ,2002 ,2002 5 Comp Plan Ordinance Repeal . No. 100030760 AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington I, Valerie Zoller, 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 County 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: October 28, 2002; and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 174.07 ~ount ,has :ot been paid in full. \\\\\\\11111/1/11111 {/ o.Jl~ ~~ ~,,\\ ~ ~ e. F FE' It /11>> ?/ .:$' ......... -to /,- (S' f p' . al CI k) $' ), ...... ...... -5l ~ 19nature 0 nnclp er ~~... 01ARL\-z,-::::. .:::::-_:~ r..-:: ~btc#w, <mP~ ~ ~fore me this day of November 7, 2002 ~~\ pU8c,CiE€ h # ~ -::::. ~ '. .' r^ ~ . -::::. ',;-. .. .. v ...... _ . ~ ~ ...............y...\~ ;f /, .. Iv; '/'1/ OF W p..,S \\\" I /11 \ \\ IlfJUJ/ll\\\\\\ Notary PublIC ill and for the State of Washington, Kitsap County. SUMMARY OF ORDINANCE NO. 4815" AN ORDINANCE of the City Council of the City of Bremerton, Washington, 1) repealing Ordinance No. 4771, which added a new plan element policy to the Comprehensive Plan to allow the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage, 2) repealing Ordinance No. 4772, which added a new policy to the Comprehensive Plan to promote the reuse of public and semi-public buildings that are no longer needed to serve their original primary purpose, and 3) reaffIrming the adoption of Ordinance Nos. 4783 and 4784, which amended the City's Comprehensive Plan with downtown development goals and policies to the C-l Central Business District Sub-area Plan of the Central Bremerton Sector of the Land Use Element as well as making various Comprehensive Plan Map amendments and further amending the City's Zoning Map to maintain consistency with the Comprehensive Plan pursuant to the Land Use Plan 2001 annual update.- APPROVED by the City Council the 16th day of October, 2002- PASSED by the City Council the 23rd day of October, 2002- The full text of this ordinance is available from the City Clerk's OffIce, 239 Fourth Street, Bremerton, W A 98337.- October 28, 2002- - #100030760-