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Home My WebLink About4817and ORDINANCE NO. ~ ~>//7 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 21.02.070 of the Bremerton Municipal Code relating to definitions and adding a new Section 21.02.305 to the Bremerton Municipal Code providing for senior housing complexes pursuant to a Type II1 special use permit in residential zones. WHEREAS, there is a need for the establishment of senior housing in the City; WHEREAS, the current provisions of Section 21.02 of the Bremerton Municipal Code do not contain provisions relating to the zoning requirements of senior housing complexes; and WHEREAS, the proposed zoning code amendment provides that senior housing complexes would be permitted in any zone that allows residential uses pursuant to certain standards and criteria through a special use permit; and WHEREAS, the Planning Commission conducted a public hearing on the subject zoning code amendment on June 25, 2002 and has recommended approval of that amendment; and WHEREAS, the Bremerton City Council conducted public hearings to accept public comments pertaining to the proposed amendment to consider the Planning Commission recommendation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Senior Housing SECTION 1. Section 21.02.070 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by adding definitions for "senior citizens" and "senior housing complex" to be inserted in said section in alphabetical order and to read as follows: SENIOR CITIZEN means an individual of 55 years of age or older. SENIOR HOUSING COMPLEX means a planned residential community, intended and operated for occupancy by senior citizens, which consists of any mix of detached single family or duplex dwellings and / or retirement apartments, wherein, at least 80% of the occupied units are occupied by at least one Senior Citizen. SECTION2. A new section, Section 21.02.305, entitled "Senior Housing Complexes" is hereby added to the Bremerton Municipal Code to read as follows: 21.02.305 Senior Housing Complexes (a) Senior housing complexes may be allowed by a Type 1II special use permit in any zone that includes residential uses, subject to the following standards and criteria: (1) the site must have direct access to an arterial street; (2) the minimum site area shall be no less than two (2) acres; (3) any structures shall not exceed the height limit of the underlying zone; (4) a minimum of one parking space, located in a garage, carport or parking area contiguous to the unit, shall be provided for each dwelling unit; (5) with the exception of a community building / clubhouse for the exclusive use of complex residents, any accessory support use shall be located within a structure containing residential units and shall feature no exterior signage; (6) the overall density of the project shall not exceed the maximum density permitted in an underlying residential zone; (7) either attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; Senior Housing (8) access to altemative transportation such as public transit or on-site shuttle services to access daily goods and services shall be demonstrated in the development plan; and (9) the applicant shall record a management agreement or covenants on individual properties to maintain the complex as a senior citizen complex. SECTION3. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is hereby amended to read as stated in Exhibit A attached hereto. SECTION4. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a) is hereby amended to read as stated in Exhibit B attached hereto. SECTION& Severability. If any one ormore 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. APPROVED by the City Council the_c:2.,,,~ day of __/f~g~7/'/~_~t_aL) ,2002 PASSED by the City Council the c~k~',,_~(.d_~ day of ff~t'~ ,2002 CAROL ARENDS, Council President Approved this ~ day of CARY BOZEMAN, Mayor Senior Housing ATTEST: KATHLEEN MCC~LUS Y, City Clerk APPROVED AS TO FORM: ~RO~ER A. ~UBOVICH~,~ney PUBLISHED the ~ day of /,.L~t./~,~_P~-t_~) EFFECTIVE the~day of .7~,-a~,~,J~oL) ORDINANCE NO. ,t./_.ff ! '? ~ ,2002 ,2002 RALEGAL\Ordinmmes\Community Development~Senior Housing.doc Senior Housing 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) · Boundary line adjustment * (on appeal) · 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) · Alternative Setback *(on appeal) · Alternative Landscaping *(on appeal) 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) · Plan or Code Interpretation * *(on appeal) · Minor alteration of approved plat *(on appeal) Type III Decisions BMC 21.02.850 · Final Subdivision Plat · Variance · Non-administrative Special Use Permit · Senior Housinq Complexes 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 EXHIBIT B Figure 895(A) NOTICE REQUIREMENTS Page I of 2 8'~ ooo o o o o o o ooo ooo ~=~ ooo o o o o o o ooo ooo ~~ ~ ZZZ Z Z Z Z Z Z ZZZ ZZZ ~ .~ ooo o o o o o o ooo ooo ~ o ZZ/ Z Z Z Z Z Z ZZZ ZZZ ~ ZZZ Z Z Z Z Z Z ZZZ ZZZ ZZZZ Z o& ZZZ Z Z Z Z Z Z Z~ ZZ ~ 3 E 8E .c~O~=~c I- Z Z Title 21 Appendix Figure 895(A) NOTICE REQUIREMENTS Page 2 of 2 Title 21 Appendix AFFIDAVIT OF PUBLICA nON County of Kitsap, State of Washington No. 100032017 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 ofthe 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: November 5, 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 $4 .71 amount has not been paid in full. (Signature of Principal Clerk) jtLtj Subscribed and sworn to before me this day of November 9,2002 Notary Public in and for the State of Washington, Kitsap County. SUMMARY OF ORDINANCE NO. 481 T AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 21.02.070 of the Bremerton Municipal Code relating to definitions and adding a new Section 21.02.305 to the Bremerton Municipal Code providing for senior housing complexes pursuant to a Type III special use permit in residential zones.- APPROVED by the City Council the 23rd day of October, 2002- PASSED by the City Council the 30th day of October, 200T The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- November 5, 2002- - #100032017-