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HomeMy WebLinkAbout4901 ORDINANCE NO. 4901 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 21.02 Appendix Figure 152(b) to correct the boundaries of the Downtown District relating to building heights. WHEREAS, the current boundaries reflected BMC Chapter 21.02 Appendix Figure 152(b) relating to building heights in the Downtown District do not encompass the entire DC zone of the Downtown District; and WHEREAS, Exhibit A attached hereto is a map of the Downtown District Building Heights map showing the area of discrepancy; and WHEREAS, Exhibit B attached hereto shows the proposed corrected boundaries of the Downtown District relating to building heights to encompass the whole DC zone; and WHEREAS, because this correction is technical in nature, recommendation by the Planning Commission and the provisions of RCW 36.70A.106 are inapplicable; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC 197-11-800(20); and WHEREAS, on June 14, 2004 and June 23, 2004, the City Council considered and held a public hearings on this Ordinance during its regular City Council meetings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDA1N AS FOLLOWS: SECTIONL BMC Chapter 21.02 Appendix Figure 152(b) is hereby repealed and a new Appendix Figure 152(b) is hereby adopted to read as reflected is Exhibit B attached hereto. SECTION2. Severabilitv. 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. 1 Downtown District Building Heights APPROVED by the City Council the/'~.., day of ~ ,2004 PASSED by the City Council the o?~,t.a~ day of ff~4z/,,,ct_., ,2004 DAI~N NYGREN, Coun0il ~resident Approved this ~.d~t~_~_ day o f (~,~_,o,- CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: -16k(dI~. J~)hl'~)N, ~nte'rim City Clerk ~- .~'--t'----~ _ _ ~ :~R-~bGER A. LUB_O¥tC ,, City Attorney PUBLISHED the~..~day of ~-~o..,~', ,2004 EFFECTIVE the~day of ¢ ~ 2004 ORDINANCE NO. a-~'O/ -_z . , R:\LEGAL\Ordinances\Community Development~Downtown Dislrict Map.doc 2 Downtown District Building Heights EXHIBIT Downtown District Buildin§ Heights Append~×H~ure ~2(b) 2ND STREET PUGET SOUND NAVAL SHIPYARD Legend '=I AREA A: 100 Foot Height Limitation I'I"l AREA B: 70 Foot Height Limitation ~rII AREA C: 70 Foot Height Li~nitation, Special Considerations (see foo[note) * ~l~e ovsraIl height limit, is 70 feel. as measured pursuant to Bremerton SMP Ch~ter 8 Definitions, Hei and WAC 173-27-030 (9), roN<ided !ha~ in no case al. any point shall a structure be more than Five stories pl~ five f~et above l.h~F'eh a~i )n of Washington AvenL , j th~site s front ~roperty line (edge of right-of-way). The ad ded h eight of any roof "$t,,~ructure shall/b/e/excluded from the height determi' EXHIBIT 1~ Downtown District Building Heights Appendix Figure 152(b) z~ I / i .5th / __~. 4th STREET / ! BURWELL 2nd PUGET SOUND ~×' NAVAL SHIPYARD~-- L'EGEND AREA A: 100 Foot Height L mitation AREA B: 70 Foot Height Limitation AREA C: 70 Foot Height Limitation with Special Considerations* (see footnote) * The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), provided that in no case at any point shall a structure be more than five stodes plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The added height of any roof structure shall be excluded from the height determination. AI~IqDAVIT OF PUBLICATION No. Ad # 100111400 STATE OF WASHINGTON COUNTY OF KITSAP I, Robin Alexander, 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 TIlE 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; June 28, 2004 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amoant of the fee charged for the foregoing publication is the.~um of $3}~01 which amount as not been paid in full. d0~ ~(MA.~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 2, 2004. Notary Public in and for the State of Washington, Kitsap County. ORDINANCE 4901' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 21.02 Appendix Figure 152(b) to correct the boundaries of the Downtown District relating to building heights.- APPROVED by the City Council the 14th day of June, 2004.- PASSED by the City Council the 23rd day of June, 2004.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- June 28, 2004oo#100111400-