HomeMy WebLinkAbout4902 ORDINANCE NO. 4902
AN ORDINANCE of thc City Council of the City of
Brcmerton, Washington, repealing Section 21.02.750 of thc
Brernerton Municipal Code.
WHEREAS, the current provisions of Section 21.02.750 of the Bremerton
Municipal Code relating to open space requirements for residential and commercial development
are in conflict with the Washington Supreme Court ruling in I~la Verde Intern. Holdings', Inc. v.
City of Caress and may be unconstitutional; and
WHEREAS, because this correction is technical in nature, recommendation by the
Planning Commission is inapplicable; NOW THEREFORE,
WHEREAS, on March 30, 2004, pursuant to RCW 36.70A.106, the Department
of Community Development sent a Notice of Intent to Adopt for this Ordinance to the
Washington State Office of Community, Trade and Economic Development; and
WHEREAS, the SEPA Responsible Official issued a determination of non-
significance (DNS) on April 6, 2004 regarding the proposed actions herein; 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 ORDAIN AS FOLLOWS:
SECTION1. Section 21.02.750 of the Bremerton Municipal Code entitled
"Large Development Open Space and Landscaping" is hereby repealed in its entirety.
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Repealing BMC 21.02.750
r'--'r' ......................... cpen °pace on tk ............... , ......... j (o~c),. ........ , o~
To,~
SECTION2. Severabili~. If any one or more sections, subsections, or
sentences of this ordin~ce ~e held to be ~constitutional or invalid, such decision shall not
affect the validity of the remaining potion of this ordin~ce and the sine shall remain in
force ~d effect.
SECTION3. E[[ective Date. This ordinance sh~l t~e effect ~d be in force ten
(10) days from ~d a~er its passage, approval ~d publication as provided by law.
~PROVED by the City Co~cil the~ day of ~ ,2004
PASSED by the City Council the~ day of ~ ,2004
D~N ~G~N~cil President
Approved this ~ day of ~. ,2004
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Repealing BMC 21.02. 750
~!MAN, Mayor
ATTEST: ~-% / '~') ,~ APPROVED AS TO FORM:
PAOL~(JOHlqST~, ~niefi~ ~i~ Clerk ~OGER AJ LUBOV~Ci~ A~omey
PUBLISHED the~ day of ~ ,2004
EFFECTIVE the ~) day of ~, ~ ,2004
O~mANCE NO. ~qO~ ~-- ~
R:~EGALXOrdin~cesXCo~uni~ Development~ 1.02.750 Repeal.doc
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Repealing BMC 21.02. 750
AFFIDAVIT OF PUBLICATION
No. Ad# 100111401
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at alt 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; June 28, 2004 and
that such newspaper was regularly distributed to its subscribers dtmng all of said period. That the full
amount of the fee charged for the foregoing publication is the sum of $27.90 which amoant as not been
paid in full.
(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 4902'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Section
of the Bremerton Municipal Code.-
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#100111401-